Tennessee Residential Property Condition Disclosure Statement (and Residential Property Disclaimer Statement / Exemption Notification) — official forms promulgated under the Tennessee Residential Property Disclosure Act — Tenn. Code Ann. §§ 66-5-201 through 66-5-210 (Tennessee Residential Property Disclosure Act), plus the federal Residential Lead-Based Paint Hazard Reduction Act disclosure rule (42 U.S.C. § 4852d / 24 CFR Part 35, 40 CFR Part 745) for pre-1978 housing. Recent related enactment: 2025 Tenn. Pub. Acts, SB 909 (wholesaling disclosure amendments to Title 47 and Title 66), effective March 25, 2025.
Tennessee is NOT a strict "caveat emptor with zero disclosure" state — it has a statutory middle-ground regime. The Tennessee Residential Property Disclosure Act (Tenn. Code Ann. §§ 66-5-201 to -210) requires a seller of residential real property (1-4 dwelling units) to give the buyer, before the buyer signs a binding purchase contract, EITHER (1) a completed "Residential Property Disclosure Statement" listing known material defects, OR (2) a "Residential Property Disclaimer Statement" in which the seller makes no representations and sells strictly "as is." So sellers can lawfully opt out of itemized disclosure by choosing the disclaimer route instead — this is the state's built-in caveat emptor escape valve — but they must still affirmatively tell the buyer which path they're using via one of the standard TAR/state forms. If a seller chooses the disclosure statement, the duty is only to disclose material defects actually known to the seller in good faith; there is no duty to inspect, investigate, or disclose unknown defects, and no warranty is created. On top of the state scheme, all sellers of housing built before 1978 must comply with the separate federal lead-based paint disclosure law (a hard, non-waivable requirement even for "as-is"/disclaimer sales), and give buyers a 10-day lead inspection opportunity and the EPA "Protect Your Family From Lead in Your Home" pamphlet. A seller who knowingly falsifies or omits a known material defect on the disclosure statement can be liable to the buyer, but suits based on the disclosure statute itself must be filed within one year of the buyer's receipt of the statement or of closing/occupancy, whichever is first (Tenn. Code Ann. § 66-5-208). Separately, 2025's SB 909 added new disclosure duties (not seller property-condition disclosures, but transaction disclosures) for real estate wholesalers regarding their equitable interest and assignment of contracts.
The core disclosure statute (Tenn. Code Ann. §§ 66-5-201 to -210) has not been substantively overhauled recently, but two 2025 developments matter: (1) SB 909, signed into law March 25, 2025 and effective immediately, added disclosure obligations for real estate "wholesalers" — buyers who assign their equitable interest in a purchase contract to a subsequent buyer for a higher price must now give written, bold/large-font disclosures to both the original seller (at least 3 business days' notice before assignment) and the subsequent purchaser about the nature of their equitable interest; this amends Title 47 and Title 66 and is aimed at wholesaling transparency rather than physical property-condition disclosure. (2) The Landlord Transparency Act (effective January 1, 2025) added lead-based-paint disclosure/addendum requirements on the landlord-tenant (leasing) side, distinct from the seller disclosure statute but reinforcing the same federal lead-paint disclosure baseline that already applies to sales of pre-1978 housing. No changes have been found repealing or narrowing the existing seller exemptions in § 66-5-209 for the current session.
Facts on this page reflect research current as of 2026-07-05. Programs, rates, and laws change — confirm current figures with the relevant state agency before relying on them.