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Tennessee Real Estate Residential Property Disclosure Form

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TENNESSEE RESIDENTIAL PROPERTY CONDITION DISCLOSURE

The Tennessee Residential Property Disclosure Act states that anyone transferring title to residential real property must provide information about the condition of the property. This completed form constitutes that disclosure by the seller. This is not a warranty, or a substitute for any professional inspections or warranties that the purchasers may wish to obtain. Buyers and sellers should be aware that any sales agreement executed between the parties will supersede this form as to any obligations on the part of the seller to repair items identified below and/or the obligation of the buyer to accept such items "as is."

Instructions to Seller

Complete this form yourself and answer each question to the best of your knowledge. If an answer is an estimate, clearly label it as such. The seller hereby authorizes any agent representing any party in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the subject property.

Property Address

City

Seller's Name(s)

Property Age

Date Seller Acquired the Property

Do You Occupy the Property?

If Not Owner-Occupied, How Long Has It Been Since the Seller Occupied the Property?

A. The Subject Property Includes the Items Checked Below:

Item

1. Range

2. Oven

3. Microwave

4. Dishwasher

5. Garbage Disposal

6. Trash Compactor

7. Water Softener

8. 220 Volt Wiring

9. Washer/Dryer Hookups

10. Central Heating

11. Heat Pump

12. Wall/Window Air Conditioning

Item

13. Central Air Conditioning

14. Window Screens

15. Rain Gutters

16. Fireplace(s) (Number)

17. Gas Starter for Fireplace

18. Smoke Detector / Fire Alarm

19. Burglar Alarm

20. Patio/Decking/Gazebo

21. Irrigation System

22. Sump Pump

23. Garage Door Opener(s) (Number of openers )

Item

24. Intercom

25. TV Antenna / Satellite Dish

26. Pool

27. Spa/Whirlpool Tub

28. Hot Tub

29. Sauna

30. Current Termite Contract

31. Access to Public Streets

32. Other:

33. Other:

34. Garage (Circle if Applicable)

35. Water Heater (Circle if Applicable)

36. Water Supply (Circle if Applicable)

If other, please explain:

37. Waste Disposal (Circle if Applicable)

If other, please explain:

38. Gas Disposal (Circle if Applicable)

If other, please explain:

39. Roof Type: Age(approx.):

40. Other Items:

41. To the best of your knowledge, are any of the above NOT in operating condition? Yes No

If YES, then describe (attach additional sheets if necessary):

B. Are You (Seller) Aware of Any Defects/Malfunctions in Any of the Following?

1. Interior Walls Yes No Unknown

If yes, please explain:

2. Ceilings Yes No Unknown

If yes, please explain:

3. Floors Yes No Unknown

If yes, please explain:

4. Windows Yes No Unknown

If yes, please explain:

5. Doors Yes No Unknown

If yes, please explain:

6. Insulation Yes No Unknown

If yes, please explain:

7. Plumbing Yes No Unknown

If yes, please explain:

8. Sewer/Septic Yes No Unknown

If yes, please explain:

9. Electrical System Yes No Unknown

If yes, please explain:

10. Exterior Walls Yes No Unknown

If yes, please explain:

11. Roof Yes No Unknown

If yes, please explain:

12. Basement Yes No Unknown

If yes, please explain:

13. Foundation Yes No Unknown

If yes, please explain:

14. Slab Yes No Unknown

If yes, please explain:

15. Driveway Yes No Unknown

If yes, please explain:

16. Sidewalks Yes No Unknown

If yes, please explain:

17. Central heating Yes No Unknown

If yes, please explain:

18. Heat Pump Yes No Unknown

If yes, please explain:

19. Central air conditioning Yes No Unknown

If yes, please explain:

C. Are You (Seller) Aware of Any of the Following?

1. Substances, materials or products which may be an environmental hazard such as, but not limited to: asbestos, radon gas, lead-based paint, fuel or chemical storage tanks and/or contaminated soil or water on the subject property? Yes No Unknown

2. Features shared in common with adjoining landowners, such as walls, but not limited to, fences, and/or driveways, with joint rights and obligations for use and maintenance? Yes No Unknown

3. Any authorized changes in roads, drainage or utilities affecting the property, or contiguous to the property? Yes No Unknown

4. Any changes since the most recent survey of the property was done? Yes No Unknown

5. Any encroachments, easements, or similar items that may affect your ownership interest in the property? Yes No Unknown

6. Room additions, structural modifications or other alterations or repairs made without necessary permits? Yes No Unknown

7. Room additions, structural modifications or other alterations or repairs not in compliance with building codes? Yes No Unknown

8. Landfill (compacted or otherwise) on the property or any portion thereof? Yes No Unknown

9. Any settling from any cause, or slippage, sliding or other soil problems? Yes No Unknown

10. Flooding, drainage or grading problems? Yes No Unknown

11. Any requirement that flood insurance be maintained on the property? Yes No Unknown

12. Property or structural damage from fire, earthquake, floods or landslides? Yes No Unknown

13. Any zoning violations, nonconforming uses and/or violations of "setback" requirements? Yes No Unknown

14. Neighborhood noise problems or other nuisances? Yes No Unknown

15. Subdivision and/or deed restrictions or obligations? Yes No Unknown

16. A Homeowners Association (HOA) which has any authority over the subject property? Yes No Unknown

Name of HOA:

HOA Address:

Monthly Dues:

Special Assessments:

17. Any "common area" (facilities such as, but not limited to, pools, tennis courts, walkways, or other areas co-owned in undivided interest with others)? Yes No Unknown

18. Any notices of abatement or citations against the property? Yes No Unknown

19. Any lawsuits or proposed lawsuits by or against the seller which affects or will affect the property? Yes No Unknown

20. Is any system, equipment or part of the property being leased? Yes No Unknown

If yes, please explain, and include a written statement regarding payment information:

21. Any exterior wall covering of the structures covered with exterior insulation and finish systems (EIFS), also known as "synthetic stucco"? Yes No Unknown

If yes, has there been a recent inspection to determine whether the structure has excessive moisture accumulation and/or moisture related damage? Yes No Unknown

If yes, please explain. If necessary, please attach an additional sheet:

D. Certification:

I/we certify that the information herein, concerning the real property located at is true and correct to the best of my/our knowledge as of the date signed. Should any of these conditions change prior to conveyance of title to this property, these changes will be disclosed in addendum to this document.

Transferor (Seller)

Date

Transferor (Seller)

Date

Parties may wish to obtain professional advice and/or inspections of the property and to negotiate appropriate provisions in the purchase agreement regarding advice, inspections or defects.

Transferee/Buyer's Acknowledgement:

I/we understand that this disclosure statement is not intended as a substitute for any inspection, and that I/we have a responsibility to pay diligent attention to and inquire about those material defects which are evident by careful observation.

I/we acknowledge receipt of a copy of this disclosure.

Transferee (Buyer)

Date

Transferee (Buyer)

Date

Enter text✕

What the Tennessee Real Estate Residential Property Disclosure Form Is

The Tennessee Real Estate Residential Property Disclosure Form is a seller-completed statement describing known material defects, environmental hazards, structural issues, and other conditions that could affect the value or habitability of a residential property. It supplements the purchase contract by providing buyers with information the seller reasonably knows about the property prior to transfer. While the form is commonly used in Tennessee real estate transactions, execution practices, timing, and specific statutory language vary by locality and should be reviewed in the context of the purchase agreement and state law.

Why a Complete Disclosure Matters in Tennessee Transactions

A clear, accurate disclosure reduces post-closing disputes, supports informed buyer decisions, and helps sellers meet statutory duties. Well-drafted disclosures also protect brokers and closing agents by documenting known property conditions.

Why a Complete Disclosure Matters in Tennessee Transactions

Who Typically Prepares and Relies on This Disclosure

The form is prepared by the seller and reviewed by buyer, listing agent, and closing professionals prior to signing the purchase contract.

  • Listing agents: Use the disclosure to inform marketing and respond to buyer inquiries during negotiations.
  • Buyers and buyer agents: Review disclosures to identify inspection priorities and negotiate repairs or credits.
  • Closing attorneys/title companies: Verify disclosure delivery and include copies in closing documentation.

Each participant uses the disclosure differently: sellers disclose facts, buyers evaluate risk, and closing professionals confirm delivery and retention.

Step-by-Step: Completing and Delivering the Disclosure

Follow these sequential steps to ensure the disclosure is complete, delivered, and retained according to common Tennessee practice.

  • 01
    Gather Records: Collect inspection reports, repair invoices, and HOA documents before drafting the form.
  • 02
    Complete Form: Answer each question honestly; add attachments where indicated.
  • 03
    Sign and Date: Seller signs using handwritten or compliant e-signature and enters MM/DD/YYYY date.
  • 04
    Deliver to Buyer: Provide disclosure to buyer and buyer’s agent before contract execution or per contract timing.

Core Elements to Include in a Professional Disclosure

A professional disclosure is structured, factual, and supported with attachments where appropriate. Include clear statements, dates, and contact information.

Property Identification

Full legal street address, parcel or tax ID where available, and unit identifier if applicable. Accurate identification avoids confusion in title and recording processes, and supports consistent referencing across contract and closing documents.

Physical Condition

Descriptive list of current observable conditions (roofing, foundation, HVAC, electrical, plumbing). Provide the date of last repair or inspection and note any warranties or contractor contacts to support buyer due diligence.

Environmental Disclosure

Known presence of mold, lead-based paint, radon, or prior flooding. Attach reports, mitigation receipts, or permit records when relevant to substantiate claims and reduce dispute risk.

Legal Encumbrances

Note easements, pending litigation, zoning notices, or code violations. State who to contact for records and include docket or file numbers if litigation exists.

HOA / Community Info

State existence of association, typical monthly/annual dues, and any special assessments or pending community actions that may affect the buyer financially or operationally.

Signature & Attestation

Seller attests to the accuracy of responses, signs and dates the form. If e-signed, ensure consent and retention practices meet ESIGN and UETA requirements to preserve enforceability.

Required Data Elements on the Disclosure

Property Address: Full street address
Seller Name: Legal owner name
Known Defects: Material condition disclosures
Environmental Issues: Mold, radon, flooding
HOA Information: Association name, fees
Signatures: Seller signature and date

Frequent Errors to Avoid When Preparing the Form

  • Leaving fields blank or writing ‘unknown’ without reasonable inquiry, which can lead to buyer claims post-closing and complicate title insurance.
  • Providing vague descriptions such as ‘issues with roof’ without dates, scope, or prior repair documentation that buyers need to assess severity.
  • Failing to attach supporting documents like repair invoices, inspection reports, or HOA resale certificates, which increases the likelihood of disputes.
  • Signing or dating before final review or prior to updating material changes discovered after initial completion, creating inconsistent records.

Consequences of Inaccurate or Incomplete Disclosures

Contract Rescission: Buyer may seek rescission or negotiate remedies
Monetary Damages: Potential compensatory damages in civil suit
Title Delays: Disputes can delay closing and recording
Insurance Claims: Title or indemnity claims may arise
Regulatory Penalties: Statutory fines in rare statutory violations
Reputational Risk: Broker or seller credibility may be harmed

Where the Completed Disclosure Goes in the Transaction

The disclosure moves with the transaction file and is shared among agents, buyers, and closing professionals. It is usually retained in the closing package.

  • Listing Agent: Helps assemble and deliver the disclosure to buyer agents.
  • Buyer Agent: Reviews disclosure and orders inspections if needed.
  • Closing Attorney: Includes disclosure in closing documents and title submission.
  • Title Company: Retains a copy for the closing file and underwriting.

Configuring an Online Disclosure Workflow

Set up the digital form with clear fields, required checks, and an audit trail to ensure accountability and ease of review.

Field Configuration
Signature Field Required; date-stamped and linked to signer identity
Date Field MM/DD/YYYY format; auto-fill option available
Conditional Items Show follow-up questions when ‘Yes’ selected
Authentication Email or SMS code; stronger MFA for high-risk deals

Digital Signing and File Format Requirements

Choose a platform that preserves an audit trail, supports common formats, and meets applicable compliance needs.

  • File Formats: PDF and DOCX are standard for retention and printing
  • Integrations: Connectors to MLS, Google Workspace, and closing platforms
  • Security: TLS encryption in transit and AES-256 at rest

Ensure the chosen platform supports ESIGN/UETA compliance, preserves signer attribution, and exports a certificate of completion for the closing file.

Timing — When to Deliver and Update the Disclosure

Timely delivery and updates reduce risks; follow contract deadlines and local practice regarding disclosure timing.

At Listing:

Provide disclosure at time of listing when practical

Before Offer:

Deliver prior to buyer signing offer if requested

Before Closing:

Update and confirm accuracy before closing

After Material Change:

Amend and re-deliver if new facts arise

Retention at Closing:

Include in closing package and retain per policy

Comparing Common eSignature Options for Disclosure Execution

Below is a concise vendor comparison focused on pricing, trial availability, bulk send, audit trail, HIPAA compliance, and envelope caps where publicly available.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Common Questions About Tennessee Residential Property Disclosures

Answers to frequently asked questions cover timing, e-signing, notarization, and recordkeeping for Tennessee disclosure forms.


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