Tennessee Seller Disclosure Form: Disclosure or Disclaimer?

Updated October 2026. Tennessee Code Title 66, Chapter 5, Part 2 and the 2024 sinkhole law checked on October 31, 2026.

Tennessee sellers of homes with 1 to 4 units must hand the buyer a property condition disclosure before the contract is accepted. The other option is an “as is” disclaimer, and only if the buyer waives the disclosure (T.C.A. 66-5-202). As of October 2026, even a disclaimer still has to answer five items the law spells out, sinkholes included.

Jump to: 📄 Disclosure or disclaimer · 🕳️ The five items · 🚫 Exempt sales · ⏱️ Timing · ⚖️ If it’s wrong · 🏠 Realtor? · ❓ FAQ

Which Tennessee homes need a seller disclosure?

Section 66-5-201 limits the Act to residential property with at least one and no more than four dwelling units. That includes site-built homes and homes that weren’t built on site. It applies whether or not a licensed broker helps with the sale, so selling by owner doesn’t take you out of it.

The law also sets the tone for what the form is. The statement “is not a warranty of any kind by a seller” and it doesn’t replace a home inspection. It’s written for the buyer who gets it, and a later buyer can’t rely on it. You must fill it out in good faith.

Disclosure statement or disclaimer: which one do Tennessee sellers give?

Section 66-5-202 gives you two paths. Which one you take depends on the buyer, not just on you.

The disclosure form has to include every item on the model form in section 66-5-210. It must also tell both sides they may want professional advice or inspections. It must say the answers are the owner’s, not the real estate licensee’s. You can use a different layout, but it can’t drop items.

The disclaimer is shorter, but it isn’t a blank check. If the buyer won’t waive, you go back to the full statement. Get the waiver in writing, signed before anyone accepts the contract.

What must a Tennessee seller disclose even with a disclaimer?

Two later sections apply no matter which path you pick. The Tennessee REALTORS® disclaimer form (RF204, version January 1, 2025) puts them right on the disclaimer page as yes or no questions. Here’s what you must disclose in writing:

1. Any known exterior injection well on the property (66-5-212).
2. Any known percolation test or soil absorption rate that the Department of Environment and Conservation determined or accepted, and the results (66-5-212).
3. Whether you know of any home on the property that was ever moved from one foundation to another (66-5-212).
4. Any known sinkhole on the property (66-5-212).
5. Whether the property is in a planned unit development (66-5-213). If the buyer asks, you hand over the covenants, bylaws and master deed.

The sinkhole rule changed recently. Public Chapter 510, signed March 15, 2024 and in force since July 1, 2024, says you disclose a known sinkhole “regardless of whether” it shows on the contour lines of the recorded plat. The statute’s definition still describes a sinkhole “indicated through the contour lines” of the plat; the 2024 law makes clear the duty doesn’t stop there. If you’ve seen ground settle in a low spot, mention it.

On the planned unit development question, the RF204 form notes that “unknown” isn’t an allowed answer. Check your deed and HOA papers before you sign. The same form also asks whether a septic permit was issued during a sewer moratorium, which could mean the buyer must connect to public sewer later.

Which Tennessee home sales don’t need a disclosure?

Section 66-5-209 lists twelve exempt transfers. A few come up often with by-owner sellers:

• You haven’t lived in the home at any time in the three years before the transfer. This one covers many inherited homes and long-term rentals.
• The first sale of a new home, if the builder gives a written warranty.
• Sales to a spouse, or to children, grandchildren or parents of a seller.
• Transfers between co-owners, or between spouses under a divorce decree.
• Court-ordered sales, foreclosures, tax sales and public auctions.
• Sales by an executor, trustee, guardian or conservator during an estate or trust administration.

An exemption only removes the form. It doesn’t let you hide a defect you know about. Fraud and misrepresentation claims still exist under general law. Many exempt sellers sign an exemption notice so the buyer has it in writing.

When is the Tennessee disclosure due, and what if something changes?

Under section 66-5-203, you deliver the disclosure or disclaimer before “acceptance,” which the law defines as full signing of the purchase contract by all parties. It can sit inside the contract, in an addendum or in a separate document. A buyer can’t cancel the contract just because you skipped the form, but other legal claims stay open.

Things change between listing and closing. A pipe bursts, or a storm takes shingles. Section 66-5-205 says that at or before closing you must disclose any material change in the home’s physical condition. If nothing changed, you certify to the buyer at closing that the condition is substantially the same.

Don’t know an answer? You may say it’s unknown, or give an approximation. The approximation must be labeled, reasonable and based on what you actually know. It can’t be a way around the law.

Can an inspection report answer Tennessee disclosure questions for you?

Yes, for the items it covers. Section 66-5-204 says a report from a licensed engineer, land surveyor, geologist, wood-destroying insect expert or home inspector satisfies your duty for matters within that expert’s field. Information from a public agency works the same way.

You’re also not liable for an error outside your actual knowledge, or one based on third-party information you reasonably believed. The exception is if you were grossly negligent in getting or passing on that information. A recent pre-listing inspection can make the form easier and safer to complete.

What happens if a Tennessee disclosure turns out to be wrong?

Section 66-5-208 sets three remedies for a misrepresentation on the disclosure statement:

1. A suit for actual damages from defects that existed when the contract was signed, and that the buyer didn’t know about by closing or move-in. It must be filed within one year from when the buyer received the form or from closing, whichever comes first.
2. Ending the contract before closing.
3. Other remedies under general law when the misrepresentation was intentional or willful.

Two protections matter for the deal itself. A missing disclosure doesn’t affect title and isn’t a cloud on it. And a closing agent or closing attorney can’t be sued over a seller’s missing or false form. In practice, that keeps the closing moving even when there’s a dispute.

What doesn’t a Tennessee seller have to disclose?

Section 66-5-207 bars claims for not disclosing that an occupant had HIV or another disease highly unlikely to spread through living in a home. It also covers a homicide, felony or suicide on the property, and any event that had no effect on the structure or its surroundings. If a buyer asks you directly, don’t lie. Silence is protected; a false answer isn’t.

Do you need a realtor to sell a house in Tennessee?

No, it’s not required; it’s your choice. A listing agent helps with pricing, marketing, showings and offers, and is paid for that work. Selling on your own, you do more of it and keep more of the price. Either way, the disclosure duty is yours as the owner.

A flat-fee listing sits in between. Beycome puts your home on the major home search sites and the MLS for $99 in Tennessee, with $0 at closing, and Tennessee forms are in your dashboard under Legal Forms. Our guide to listing a Tennessee home on the MLS by owner shows which of the state’s MLSs covers your county. On Concierge, a dedicated expert negotiates with you, always on your side, and every decision stays yours.

For the contract side, read our Tennessee FSBO contract guide, and for the whole process, our guide to selling a Tennessee home without a realtor. Need your parcel ID for the form? Use our Tennessee property tax records guide. Our seller disclosure basics cover the habits that apply in every state. 22,000+ homeowners have used Beycome, saving over $225 million in total (Beycome internal data, October 2026). See Tennessee packages.

More Tennessee guides: Tennessee Realty Transfer Tax: Rate, Who Pays, Exemptions.

Tennessee seller disclosure: questions

Reviewed by Beycome Brokerage Realty LLC, a licensed real estate brokerage. Licenses: beycome.com/faq/how-to/are-you-a-licensed-broker/.