Tennessee guide

Tennessee Residential Property Disclosure Act: Form Requirements and Exemptions

In Tennessee, the seller of a 1-to-4 unit home must give you a completed property disclosure form before or at the time you make a written offer, listing defects they actually know about.

Reading as buyer.

TL;DR

In Tennessee, the seller of a 1-to-4 unit home must give you a completed property disclosure form before or at the time you make a written offer, listing defects they actually know about. The form is a statement of the seller's knowledge, not a warranty, so it does not replace your own home inspection. If a seller deliberately hides a known defect, that is fraud and you may have a claim for damages.

Before you start — 8 things to know

The seller must give you a completed property disclosure form before or at the moment you submit a written offer on a Tennessee home with one to four units.
The disclosure form only covers defects the seller actually knows about, so it is a snapshot of their knowledge and not a warranty about the property's condition.
The form lists known issues in categories like structure, roof, electrical, plumbing, HVAC, foundation, drainage, hazardous materials, flooding history, and legal encumbrances.
If the seller knew about a defect and deliberately hid it, that is fraud under Tennessee law and you can pursue them — and sometimes their listing agent — for damages.
Instead of the disclosure form, the seller may hand you a Disclaimer Statement, which means they refuse to make any representations about condition and you accept the property as-is regarding their knowledge.
Even when a seller uses the Disclaimer Statement, they still have to disclose federal lead-based paint information and any known building code violations or title defects.
A Disclaimer Statement does not block your right to hire your own home inspector, so you can and should still inspect the property independently.
Some Tennessee sales are completely exempt from the disclosure requirement, including foreclosures, court-ordered sales, estate sales handled directly by the estate, and transfers between co-owners.

The timeline — step by step

Before you write up an offer, ask the listing agent for the seller's completed Tennessee property disclosure form so you can read it first.
Read every section of the form and flag any disclosed defects — roof leaks, foundation cracks, prior flooding — so you can factor them into your offer price.
If the seller hands you a Disclaimer Statement instead, understand that you are agreeing to take the property as-is regarding the seller's knowledge of condition.
Schedule your own independent home inspection regardless of which form you received, because the disclosure is no substitute for a professional inspector.
Submit your written offer only after you have received and reviewed the seller's disclosure form or Disclaimer Statement.
Keep a signed copy of the disclosure or Disclaimer Statement in your closing file as evidence of exactly what the seller represented to you.

Common questions

Do I have to receive the disclosure before I make an offer in Tennessee?

Yes — the seller must deliver the completed property disclosure form before or at the time you submit a written offer on a 1-to-4 unit residential home.

Does a clean disclosure form mean the house has no problems?

No, the form only lists defects the seller actually knows about and it is not a warranty, so problems they genuinely did not know about will not appear on it.

What can I do if I find a defect after closing that the seller knew about?

If you can show the seller knew about the defect and intentionally concealed it, that is fraud under Tennessee law and you may have a claim for damages.

What does a Disclaimer Statement change for me as a buyer?

A Disclaimer Statement means the seller is making no representations about the property's condition, so you accept their knowledge as-is — but you still have the right to inspect.

Are foreclosures and estate sales required to give a disclosure?

No — court-ordered sales, foreclosures, estate sales handled directly by the estate, and transfers between co-owners are exempt from the Tennessee disclosure requirement.

Should I still get a home inspection if I already have a signed disclosure form?

Yes, because the disclosure only reflects the seller's knowledge, an independent home inspection is still your best protection against undisclosed problems.

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