Tennessee Seller Disclosure: What You Must Tell Buyers
What do you have to disclose when selling a house in Tennessee?
Under the Tennessee Residential Property Disclosure Act, most sellers must give the buyer a written disclosure statement listing any material defects they actually know about, before the purchase contract is fully signed. The only alternative is a disclaimer ("as is") statement, and that is allowed only when the buyer waives the disclosure. A handful of items, like a known sinkhole, a home moved from its foundation, and planned unit development status, carry their own separate disclosure rules, and homes built before 1978 add the federal lead-based paint disclosure.
By Khristian Schlemmer | November 10, 2026
Here's the question I hear at almost every listing appointment in Lebanon and Mt. Juliet, usually in a lower voice: "So what exactly do I have to tell them?"
The honest answer is simpler than most sellers fear. You disclose what you actually know, in writing, before the contract is signed. You don't have to hire an inspector to go hunting for problems. You don't have to guess. But you do have to be truthful about what you know, and Tennessee law spells out how.
This matters more right now than it did a couple of years ago. In Wilson County, active listings hit 960 in October 2026, up from 794 in October 2025 (Realtor.com via FRED), and the median listing spent 54 days on the market in September 2026 versus 51 a year earlier. Buyers have options, and buyers with options read every line of your paperwork and inspect everything. A clean, honest disclosure is one of the cheapest ways to keep a deal together.
One note before we dig in: I'm a Realtor, not an attorney. This is how the law works in practice. If your situation has a legal wrinkle, talk to a Tennessee real estate attorney before you sign anything.
Disclosure Statement or Disclaimer: Your Two Options in Tennessee
The Tennessee Residential Property Disclosure Act (T.C.A. 66-5-201 and following) gives you two paths, laid out in section 66-5-202.
Option 1: the disclosure statement. This is the default. You complete the state disclosure form and list any material defects known to you. The statute is clear that you are not required to do an independent investigation. You're answering from your own knowledge as the owner.
Option 2: the disclaimer statement. This is the "as is" path. You make no representations or warranties about condition, and the buyer takes the home with all defects that may exist, except as the purchase contract says otherwise.
Here's the part most sellers miss. A disclaimer is only permitted when the buyer waives the disclosure. You can't simply decide to sell as-is and skip the form. The buyer has to agree to it. In a market where buyers have more choices, plenty of them won't.
If you're weighing the as-is route, my post on whether to sell as-is or fix it up first in Tennessee walks through the price and buyer-pool tradeoffs.
When the disclosure has to be delivered
Under section 66-5-203, the disclosure or disclaimer goes to the buyer before acceptance of the purchase contract, and the statute defines acceptance as full execution by all parties. It can be part of the contract, an addendum, or a separate document.
In practice, we upload the completed form with the listing so every buyer sees it before they write an offer. No surprises, no last-minute scramble.
Who is exempt from the form
Section 66-5-209 lists transfers the Act does not apply to. A few that come up in Middle Tennessee:
Sales by a fiduciary administering an estate, trust, guardianship, or conservatorship
Transfers between co-owners, to a spouse, or to lineal relatives
Transfers between spouses under a divorce decree or property settlement
Foreclosure sales, deeds in lieu of foreclosure, and court-ordered sales
The first sale of a new home, provided the builder offers a written warranty
Property sold at public auction
Sales where the owner has not lived in the home at any time in the past three years
That last one catches a lot of landlords and out-of-state owners. Being exempt from the form is not a license to hide a known problem, though. The statute preserves other claims for misrepresentation and failure to disclose material facts, so an exempt seller who conceals a defect can still end up in a dispute. When in doubt, disclose.
What Goes on the Tennessee Seller Disclosure Form
The form itself is prescribed by statute (section 66-5-210), and Tennessee REALTORS® publishes the version most agents use. It walks through the home's systems and condition item by item. For each question, you answer from what you know.
Three rules shape how you fill it out:
Disclose material defects you actually know about. If you know the crawl space floods every spring, it goes on the form, even if it's dry the week you list.
"Unknown" is a legitimate answer. Section 66-5-205 allows items to be marked unknown, or approximated if the approximation is clearly labeled and reasonable. Don't guess to make the form look tidy.
You're protected on things you didn't know. Under section 66-5-204, you aren't liable for an error or omission that wasn't within your actual knowledge, as long as you weren't grossly negligent in getting and passing along the information. If a licensed engineer, surveyor, or similar expert gives you a report, delivering that report can satisfy your duty on the items it covers.
What you do not have to disclose
Section 66-5-207 says no claim arises against a seller or agent for not disclosing that a homicide, felony, or suicide happened on the property, that an occupant had HIV or another disease highly unlikely to be transmitted through living in the home, or any event that had no effect on the physical structure or its environment. I covered that in detail in Do You Have to Disclose a Death in the House in Tennessee?
The line is physical condition. A past event with no effect on the house is generally outside the duty. A physical problem you know about is inside it.
Something changed after you filled it out
Houses don't stop aging because you listed them. Section 66-5-205 requires you to disclose any material change in the physical condition of the property at or before closing, or certify at closing that the condition is substantially the same as when you gave the form.
So if a storm takes shingles off the roof two weeks before closing, tell the buyer in writing. That's where a lot of post-closing disputes start: not with the original form, but with something that changed and nobody updated.
Tell your agent everything
Your agent has a separate duty. Under section 66-5-206, a licensee must disclose adverse facts they actually know about, meaning conditions that significantly reduce the structural integrity of the home or present a significant health risk to occupants. If you tell me about a problem, I can't keep it quiet, and you don't want me to. My job is to help you present it well, price it right, and get it in front of buyers early, when it costs you the least.
Tennessee Disclosures That Live Outside the Form
Several disclosures sit in their own statutes, separate from the main form. These are the ones sellers in Lebanon, Mt. Juliet, Murfreesboro, and across Middle Tennessee most often overlook.
Known sinkholes. Section 66-5-212 requires you to disclose a known sinkhole on the property before contracting, whether or not it shows up as contour lines on the recorded plat. Wilson County sits on limestone, so this one is real for us. My post on sinkholes in Wilson County explains what buyers check.
Septic, wells, and moved homes. The same section covers any known exterior injection well, any known percolation test or soil absorption results accepted by the state, and whether a home on the property was moved from an existing foundation. Rural Wilson County and Trousdale County sellers on septic should pull their records early.
Planned unit developments. Under section 66-5-213, if your home is in a PUD, you must disclose that before contracting and make the restrictive covenants, homeowner bylaws, and master deed available on request. Most HOA subdivisions around Lebanon and Mt. Juliet should check this box.
Impact fees on a first sale. Section 66-5-211 requires the seller on the first sale of a dwelling to disclose the amount of any impact fees or adequate facilities taxes paid to a city or county.
Lead-based paint for homes built before 1978. This one is federal. Under the EPA and HUD disclosure rule, you must give the buyer the pamphlet "Protect Your Family From Lead in Your Home," disclose any known lead-based paint or hazards, provide available records and reports, and include a Lead Warning Statement in the contract. Buyers get a 10-day opportunity for a lead inspection or risk assessment unless both sides agree in writing to change it or the buyer waives it. Keep your signed copy for three years after the sale.
Why the disclosure is your protection, not just your obligation
Here's the mindset shift I want every seller to make: the form protects you.
Under section 66-5-208, a buyer's claim for actual damages under the Act has to be brought within one year from when the buyer received the disclosure, or from closing or occupancy, whichever comes first. If you misrepresent something, the buyer can terminate before closing. And intentional misrepresentation keeps every other remedy on the table.
A seller who disclosed honestly, in writing, before the contract was signed, is in a far stronger spot than one who stayed quiet and hoped. If you want to find issues before a buyer does, a pre-listing inspection in Tennessee is worth a look, with one tradeoff: once you know about a defect, it goes on the form.
Frequently Asked Questions
Can I sell my house as-is in Tennessee without filling out a disclosure?
Only if the buyer agrees. Tennessee allows a disclaimer statement in place of the disclosure only when the buyer waives the disclosure (T.C.A. 66-5-202). Even then, separate items like a known sinkhole, PUD status, and the federal lead paint rule for pre-1978 homes can still apply, so confirm with your agent or attorney.
Do I have to disclose problems I fixed?
The form asks about the home's condition and history, so answer each question truthfully based on what you know. A repaired issue is often worth disclosing with the repair details and receipts, because it shows the buyer the problem was handled and heads off suspicion at inspection.
What happens if I forget to disclose something in Tennessee?
You aren't liable under the Act for things outside your actual knowledge unless you were grossly negligent. If you knew and didn't disclose, the buyer may sue for actual damages within one year, and intentional misrepresentation claims remain available. If you realize you missed something before closing, update the buyer in writing right away.
Does a rental property seller need to complete the disclosure?
Not if you haven't lived in the home at any time within the three years before the sale, since that transfer is exempt from the Act (T.C.A. 66-5-209). The exemption covers the form, not honesty, so known material defects still create risk if concealed.
Do I have to disclose a death in the house in Tennessee?
No. Tennessee law says no claim arises for not disclosing a homicide, felony, or suicide on the property, or an event that had no effect on the physical structure (T.C.A. 66-5-207). Answer honestly if a buyer asks directly, and talk with your agent about how to handle it.
The bottom line: the rule in Tennessee is simple: tell buyers what you actually know about the home's physical condition, in writing, before the contract is signed, and update them if anything changes before closing. Do that, and the disclosure becomes your shield instead of your risk.
At First Class Real Estate, we go through the disclosure form with every seller before we list, so the problems are priced in on day one instead of discovered on day 20. If you're getting ready to sell in Lebanon, Mt. Juliet, or anywhere in Middle Tennessee, call or text me at (615) 427-5672 or reach out at firstclassrealestatetn.com/contact. I'm happy to walk through your situation.
This post is general information, not legal advice. For questions about your specific disclosure obligations, consult a Tennessee real estate attorney.
About Khristian Schlemmer
Khristian Schlemmer is a REALTOR® and the founder and team leader of First Class Real Estate by Keller Williams in Lebanon, TN. In six years in real estate he has sold 300+ homes for $75M+ in career sales with a 24-day average on market, and he is a two-time Tom Ferry 30 Under 30 honoree. He helps Middle Tennessee sellers, buyers, and investors make confident moves with a first-class experience from listing to closing.
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