Tennessee's property disclosure form: what FSBO sellers need to know

If you're selling your home yourself in Nashville or anywhere in Tennessee, one document deserves your full attention: the Residential Property Condition Disclosure. It tells a buyer what you know about the home's condition. Selling without an agent doesn't change the requirement.

This guide explains the basics in plain language. It's general information, not legal advice. For questions about your situation, talk with a Tennessee real estate attorney.

What the law requires

Tennessee's Residential Property Disclosure Act (Tennessee Code Annotated, Title 66, Chapter 5, Part 2) applies to most sales of residential property, including homes, condos, and buildings with up to four units.

Under the law, the owner generally gives the buyer one of two documents:

• A Residential Property Condition Disclosure statement. This is the standard form. You answer questions about the home's condition and note material defects you know about.
• A Residential Property Condition Disclaimer statement. This says you make no representations about the condition and the buyer takes the property "as is." It's only allowed when the buyer waives their right to the disclosure statement. If the buyer doesn't waive it, you provide the disclosure.

The Tennessee Real Estate Commission publishes the official forms. You can find them through the Commission's forms page, and your closing attorney can also provide current versions.

When you give it to the buyer

The statement must be delivered before the real estate purchase contract is accepted, meaning before all parties have signed it. It can be part of the contract, an addendum, or a separate document. The practical takeaway: have your disclosure finished before you start accepting offers.

If something changes after you've delivered it, for example a leak appears or a repair is completed, you'll generally need to disclose material changes in the home's condition at or before closing, or confirm the condition is substantially the same. The form itself includes a statement that changes before the transfer will be disclosed in an addendum.

What the form covers

The form walks through the home system by system. Expect questions about:

• The roof, foundation, basement or crawl space, and any water intrusion
• Plumbing, electrical, heating, and air conditioning
• Water supply and sewer or septic
• Additions or remodeling, and whether permits were obtained
• Past flooding, mold, pests, or termite damage and treatment
• Boundary disputes, easements, and encroachments
• Homeowners association fees and rules
• Environmental issues you know about

The form says it's not a warranty and not a substitute for the buyer's own inspections. You're describing what you actually know, not guaranteeing the home's condition.

Extra disclosures that still apply

Tennessee law lists a few items sellers must disclose in addition to the standard form, including:

• Sinkholes you know about on the property, whether or not they appear on the recorded plat. Sinkholes are common in parts of Middle Tennessee because of the limestone underneath.
• Exterior injection wells on the property.
• Percolation test or soil absorption results you know about, which matter for properties that aren't on public sewer.
• A home that was moved to a different foundation.

If your home was built before 1978, federal law also requires a lead-based paint disclosure and an EPA information pamphlet for buyers.

Common exemptions

Some transfers don't require the disclosure or disclaimer statement. Examples include sales ordered by a court (such as foreclosures, bankruptcy, and many estate sales), transfers between co-owners, transfers to a spouse or certain relatives, new construction with a written builder's warranty, and sales by owners who haven't lived in the home at any time in the three years before the sale.

Exemptions have specific conditions. Even when one applies, the separate required disclosures above may still apply. An attorney can confirm whether yours does.

Tips for filling it out carefully

• Answer from what you actually know. If you don't know, say so rather than guessing.
• Don't skip questions. A blank answer can create confusion later.
• Use your records. Receipts, warranties, permits, and past inspection reports help you answer accurately. You can attach them.
• Consider a pre-listing inspection. A home inspector can help you understand issues you might not know about, and some sellers fix problems first with help from a handyman.
• Keep a signed copy with the date the buyer received it.
• Have an attorney review it if anything about the home is unusual, such as past water problems, unpermitted work, or a boundary question. You can find one in our attorney directory.

Next steps

Once your disclosure is ready, you're in a much stronger position to list. Our guide on how to sell your house without a realtor in Tennessee covers the rest of the process, and the pre-sale checklist helps you keep track.