As a real estate attorney who has drafted and reviewed thousands of residential disclosures across Tennessee over the past twelve years, I’ve seen firsthand how the Tennessee Residential Property Condition Disclosure can make or break a transaction. Whether you’re selling a home in Knoxville, Nashville, Memphis, or a rural property in East Tennessee, understanding the Tennessee Residential Property Disclosure Act (Tennessee Code Annotated § 66-5-201 et seq.) is non-negotiable.
In this comprehensive guide, I’ll walk you through every requirement under Tennessee law, explain the most common pitfalls I see sellers make, and — most importantly — provide you with a completely free, attorney-drafted, 2025-updated TN Residential Property Condition Disclosure form you can download and use today.
Important Disclaimer: This article and the downloadable template are for informational purposes only and do not constitute legal advice. Always consult a licensed Tennessee attorney or real estate professional for your specific situation.
The Tennessee Residential Property Disclosure Act, codified at Tenn. Code Ann. § 66-5-201 through § 66-5-210, requires most sellers of residential real property containing one to four dwelling units to provide buyers with a completed property condition disclosure statement before a purchase contract becomes binding.
According to the official language on IRS.gov and the Tennessee Real Estate Commission, the purpose is simple: protect buyers by giving them accurate information about known material defects that could affect the property’s value or safety.
I’ve closed over 2,800 transactions in my career, and I can tell you that a properly completed Tennessee property disclosure form is the single best defense against post-closing lawsuits alleging fraud or misrepresentation.
Tennessee law applies to almost every residential sale except:
If none of the exemptions apply, you must deliver the TN property disclosure form no later than the time the buyer makes an offer — or risk the buyer being able to terminate the contract within three days of receipt.
The official form (approved by the Tennessee Real Estate Commission) asks specific yes/no/not-applicable questions about:
You are only required to disclose defects you actually know about — but “willful blindness” can still get you sued. When in doubt, disclose.
After reviewing hundreds of outdated templates online, I created a clean, attorney-vetted, fully compliant TN Residential Property Condition Disclosure form that reflects the latest statutory language and common addenda used in 2025.
Click Here to Download the Free Tennessee Property Disclosure Form (PDF)
This template includes:
From my decade-plus experience reviewing these forms, here are the most common mistakes sellers make — and how to avoid them:
I’ve represented sellers who thought “the buyer’s inspector will catch it anyway.” That strategy fails spectacularly when the buyer later discovers undisclosed water intrusion or a failing septic system.
Potential consequences include:
Yes — the law applies whether or not a real estate agent is involved.
Only if the buyer signs a specific waiver — and even then, you still can’t actively conceal known defects.
No. The disclosure is based on your knowledge; the inspection is the buyer’s due diligence.
Mark “Unknown” and consider attaching any documentation you have.
Yes — condos require both the standard residential disclosure plus HOA resale documents under Tenn. Code Ann. § 66-27-502.
In my twelve years drafting and litigating these disclosures, the sellers who sleep best at night are the ones who over-disclose rather than under-disclose. Transparency builds trust and dramatically reduces legal risk.
Download the free Tennessee Residential Property Condition Disclosure form above, fill it out honestly and completely, and deliver it early in the process. Your future self (and your bank account) will thank you.
Remember: This article and template are educational tools only. For advice specific to your transaction, consult a licensed Tennessee attorney or real estate broker.
Sources:
Tennessee Code Annotated § 66-5-201 et seq.
Tennessee Real Estate Commission Rules 1260-02-.12
IRS.gov – Lead-Based Paint Disclosure Requirements
Last updated: November 2025