Key Takeaways

  • Tennessee REQUIRES sellers to complete the Residential Property Condition Disclosure per state law
  • Sellers must act in good faith when filling out the disclosure form
  • The disclosure covers property condition, systems, environmental issues, and more
  • Exemptions include public auctions and owners who haven't lived in the property for 3+ years
  • Lead-based paint disclosure IS required for pre-1978 homes (federal law)
Last updated: January 2026

Tennessee Property Disclosure Requirements

Tennessee requires sellers to disclose property conditions to buyers in residential transactions.

Mandatory Seller Disclosure

Tennessee law requires sellers to complete the Tennessee Residential Property Condition Disclosure or another form that complies with state law.

Key Requirements

RequirementDetails
Form requiredTennessee Residential Property Condition Disclosure
When providedBefore or at time of contract
Who completesSeller
StandardMust act in good faith

Important: Tennessee requires sellers to act in good faith in filling out the disclosure form. This means honest, accurate answers to the best of the seller's knowledge.

What Must Be Disclosed

The Tennessee disclosure form covers numerous categories:

Property Condition Areas

CategoryExamples
StructuralFoundation, roof, walls, floors
SystemsHVAC, electrical, plumbing
WaterWells, septic, water quality
EnvironmentalFlooding, drainage, hazards
AppliancesIncluded items and condition
LegalEasements, encroachments, zoning

Specific Disclosures

ItemWhat to Disclose
Water damagePast or present water intrusion
Foundation issuesCracks, settling, repairs
Roof conditionAge, leaks, repairs
HVACAge, condition, recent service
Pest damageTermites, wood-destroying insects
Environmental hazardsLead, asbestos, radon, mold

Exemptions from Disclosure

Certain sellers are exempt from the disclosure requirement:

Tennessee Exemptions

ExemptionDescription
Public auctionProperty sold at public auction
Non-resident ownerOwner hasn't lived in the property within prior 3 years
Court-ordered salesForeclosures, estate sales
New constructionBuilder-sold properties may have different requirements

Agent Disclosure Duties

Adverse Facts (T.C.A. Section 62-13-403)

Real estate agents have separate disclosure duties under the Tennessee Real Estate Broker License Act:

Agent DutyDescription
Disclose adverse factsKnown conditions affecting structural integrity or health
Actual knowledgeMust disclose facts the agent actually knows
All partiesDisclosure required to ALL parties

What are Adverse Facts?

Both the disclosure law and License Act define adverse facts as:

  • Conditions significantly reducing structural integrity of improvements
  • Conditions presenting significant health risk to occupants
  • Conditions generally recognized by competent agents

Stigmatized Property

Tennessee law addresses "psychologically impacted" property:

TypeDisclosure Required?
Deaths on propertyGenerally not required
Violent crimesGenerally not required
Nearby sex offendersGenerally not required
Paranormal activityGenerally not required

Note: If a buyer directly asks about stigmatized property issues and the agent knows, they should respond honestly.

Federal Lead-Based Paint Disclosure

For homes built before 1978, federal law requires:

RequirementDetails
DisclosureKnown lead-based paint hazards
PamphletEPA pamphlet "Protect Your Family From Lead"
Inspection periodBuyer has 10 days to inspect (waivable)
FormLead-Based Paint Disclosure form

Critical: Lead-based paint disclosure is REQUIRED by federal law regardless of state law.

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Tennessee Property Disclosure Requirements
Test Your Knowledge

Which statement is TRUE about Tennessee property disclosure requirements?

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Test Your Knowledge

Which of the following is EXEMPT from Tennessee's seller disclosure requirements?

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Test Your Knowledge

Under Tennessee law, which of the following MUST be disclosed by real estate agents?

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D