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Tennessee Residential Property Disclosure

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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 the 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?

The property is a:

site-built home

nonsite built-home

A. The Subject Property Includes the Items Checked Below:

Range

Oven

Microwave

Dishwasher

Garbage Disposal

Trash Compactor

Water Softener

220 Volt Wiring

Washer/Dryer Hookups

Central Heating

Heat Pump

Central Air Conditioning

Wall/Window Air Conditioning

Window Screens

Rain Gutters

Fireplace(s) (Number )

Gas Starter for Fireplace

Smoke Detector/Fire Alarm

Burglar Alarm

Patio/Decking/Gazebo

Irrigation System

Sump Pump

Garage Door Opener(s) (Number of openers )

Intercom

TV Antenna/Satellite Dish

Pool

Spa/Whirlpool Tub

Hot Tub

Sauna

Current Termite Contract

Access to Public Streets

Other

Other

Garage:

Attached    Not Attached    Carport

Water Heater:

Gas    Solar    Electric

Water Supply:

City    Well    Private    Utility    Other

Waste Disposal:

City Sewer    Septic Tank    Other

Gas Supply:

Utility    Bottled    Other

Roof(s): Type Age (approx.)

Other Items:

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?

Interior Walls YES NO UNKNOWN

Ceilings YES NO UNKNOWN

Floors YES NO UNKNOWN

Windows YES NO UNKNOWN

Doors YES NO UNKNOWN

Insulation YES NO UNKNOWN

Plumbing YES NO UNKNOWN

Sewer/Septic YES NO UNKNOWN

Electrical System YES NO UNKNOWN

Exterior Walls YES NO UNKNOWN

Roof YES NO UNKNOWN

Basement YES NO UNKNOWN

Foundation YES NO UNKNOWN

Slab YES NO UNKNOWN

Driveway YES NO UNKNOWN

Sidewalks YES NO UNKNOWN

Central heating YES NO UNKNOWN

Heat pump YES NO UNKNOWN

Central air conditioning YES NO UNKNOWN

If any of the above is/are marked 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 land owners, 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

Most recent survey of the property: (check here if 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

If yes, has such damage been repaired?

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 (Buyer):

Date:

Transferor (Buyer):

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:

If the property being purchased is a condominium, the transferee/buyer is hereby given notice that the transferee/buyer is entitled, upon request, to receive certain information regarding the administration of the condominium from the developer or the condominium association, as applicable, pursuant to Tennessee Code Annotated, § 66-27-502.

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What the Tennessee Residential Property Disclosure Is

The Tennessee Residential Property Disclosure is a seller-completed form that documents known material facts about a residential property prior to sale. It typically covers structural, mechanical, environmental, and legal conditions the seller knows about, including water intrusion, roof condition, plumbing, electrical systems, and hazardous materials. While format and required questions may vary by broker or contract, many buyers and closing agents expect a written disclosure to support informed offers and to reduce post-closing disputes about property condition. The form supplements, but does not replace, inspections, permits, or title investigations.

Why the Disclosure Matters to Buyers and Sellers

A clear disclosure reduces transaction risk, supports accurate pricing, and documents seller knowledge about defects. For buyers it provides material facts that affect inspection scope and negotiating strategy; for sellers it creates a record of what was communicated and can limit post-closing liability when completed honestly and completely.

Why the Disclosure Matters to Buyers and Sellers

Who Typically Completes or Receives the Disclosure

The disclosure is completed by the seller and exchanged with the buyer, often via the listing agent or closing attorney.

  • Sellers: complete the form with full and honest answers about known property conditions before listing.
  • Buyers and agents: review disclosures to plan inspections, request repairs, or negotiate credits.
  • Closing agents / title companies: rely on disclosures to coordinate inspections, escrow instructions, and closing statements.

Agents and closing professionals typically keep copies with the transaction file and rely on the disclosure together with inspection reports and permit documentation.

Primary Roles and Responsibilities

Listing Agent

Listing agents collect seller responses, advise on completeness, and provide the disclosure to prospective buyers and the selling agent. They should document delivery and preserve an executed copy in the transaction file for recordkeeping and dispute defense.

Seller

Sellers must answer factually based on actual knowledge, disclose known material defects, and sign the form. Intentional omissions or false statements can lead to breach claims, buyer rescission rights, or escrow disputes.

Essential Sections of a Professional Disclosure

A professional Tennessee Residential Property Disclosure is organized, specific, and supported by attachments. Standard sections capture elements that materially affect habitability, safety, or value.

Property Identity

Street address, parcel or tax ID, and legal description to ensure the disclosure maps clearly to the property being sold; avoid P.O. boxes.

Structural Condition

Roof, foundation, walls, basement/crawlspace condition, and past repairs or known defects with dates where available.

Mechanical Systems

Plumbing, electrical, HVAC, water heater age, known leaks or code violations, and recent repairs or upgrades.

Environmental Hazards

Known lead-based paint (pre-1978), radon tests, asbestos, mold history, underground tanks, and prior remediation documentation.

Legal / Title Issues

Easements, boundary disputes, pending litigation, liens, and unpaid assessments that could affect transferability or value.

Seller Certifications

Statements about accuracy, signature block, and a dated acknowledgement that seller has disclosed known material facts truthfully.

Required Data Elements on the Form

Seller Name: Full legal name
Property Address: Street, city, state, ZIP
Known Defects: Concise defect list
Environmental Issues: Lead, radon, mold
Prior Repairs: Dates and scope
Signatures: Seller signature and date

Step-by-Step: Complete and Share the Disclosure

Follow an orderly sequence to minimize omissions and ensure buyers receive the disclosure early in the transaction.

  • 01
    Gather Records: Collect inspection reports, repair receipts, and permits.
  • 02
    Answer Questions: Respond factually to each disclosure item.
  • 03
    Attach Documents: Include supporting reports and receipts.
  • 04
    Deliver Copy: Provide completed form to buyer and agent.

Configuring an Online Disclosure Workflow

When completing online, set fields, authentication, and retention before sending to preserve an auditable record and improve turnaround.

Field Configuration
Document Upload Require attachments for inspections and permits
Signature Order Set seller first, then buyer or agent
Authentication Use email plus SMS code if available
Retention Policy Store signed copies in transaction folder

Where to Send or File the Disclosure

Distribute the completed disclosure consistently to all transaction participants and keep a dated copy for the file.

  • Deliver to Buyer: Provide signed copy to buyer and buyer agent
  • Provide to Listing Agent: Agent retains in transaction records
  • Include with Closing: Send to closing attorney or title company
  • Keep for Records: Store signed copy with sale documents

Digital Signing and Integration Considerations

Use an eSignature workflow that preserves audit trails, secures data, and supports attachments to match the disclosure’s evidentiary value.

  • Signature Audit Trail: Timestamp, IP, and signer identity
  • Document Formats: PDF and DOCX accepted
  • Integrations: Connect to CRM or cloud storage

Choose a platform that supports conditional fields and retains a tamper-evident copy to reduce disputes and streamline closing workflows.

Timing: When to Prepare and Deliver the Disclosure

Timely disclosure preserves buyer options and reduces contractual risk. Provide the disclosure as soon as practical and consistent with the purchase agreement.

At Listing:

Prepare disclosure when property is listed for sale

Before Offer:

Provide to prospective buyers where practical

With Contract:

Include signed disclosure with the purchase agreement

Pre-Closing:

Ensure closing agent has a final copy before closing

Record Retention:

Retain executed copies per retention policy

Key Transaction Milestones

Track disclosure milestones alongside inspection and closing tasks to avoid last-minute delays.

01

Prepare Disclosure

Seller completes form and attaches available reports

02

Share with Buyer

Provide signed copy to buyer and agents

03

Inspection Period

Buyer conducts inspections and requests repairs

04

Closing Approval

Closing party confirms disclosure on file

Common Preparation Errors to Avoid

  • Omitting dates for repairs or replacements makes it difficult to verify the timing and may invalidate warranty claims or indemnities.
  • Using vague language like "working condition" without specifics invites later disputes; provide concise facts and attach receipts when available.
  • Failing to attach inspection reports or permit records forces additional discovery during closing and can delay escrow or require affidavits.
  • Mismatched or misspelled seller names and property identifiers create closing delays and may require corrected affidavits or amended disclosures.

Penalties and Legal Risks of Inaccurate Disclosures

Civil Liability: Damages and attorney fees
Contract Rescission: Buyer may rescind transaction
Escrow Withholding: Funds held for repairs or claims
Fraud Claims: Intentional omissions increase exposure
Market Remedies: Price adjustment demands
Insurance Impact: Coverage disputes for undisclosed issues

Real-World Examples of Online Disclosure Use

Practical examples show how digital disclosure and signatures shorten cycles and preserve evidence in real transactions.

Martin Properties

Tim Martin processed disclosures online to close remotely

  • Reduced turnaround time for seller-buyer exchange
  • The digital record ensured consistent delivery to agents and the closing attorney and reduced follow-up requests for missing documents.

BIS

Dan Rotelli emphasized compliance and security using an integrated eSignature workflow

  • Single source of truth for signed disclosures
  • Centralized audit trails and secure storage simplified dispute resolution and produced a defensible transaction record.

Supporting Documents to Attach to the Disclosure

Attachments provide evidence for answers and reduce follow-up. Common supporting documents protect both parties and accelerate closing.

Inspection Report

Attach any recent home inspection or specialized reports (roof, pest, radon) to substantiate condition claims and reduce duplicate inspections.

Repair Receipts

Include invoices and permits for repairs or improvements to document scope, responsible parties, and dates of work.

Previous Disclosures

Provide prior seller disclosures to show consistency and disclose previously known issues or repairs.

Environmental Tests

Attach lead-based paint, radon, or mold test results when applicable, especially for pre-1978 homes or known exposures.

Practical Tips for Accurate and Efficient Completion

Adopt consistent practices to minimize disputes, speed transactions, and preserve evidence.

Be Specific and Dated
Record dates and concise descriptions for repairs and defects; include receipts or permit numbers to substantiate claims and reduce ambiguity.
Use Standardized Language
Follow broker or association templates to ensure disclosures are complete and consistent with local expectations.
Preserve the Signed Copy
Store an auditable, tamper-evident PDF in the transaction folder and retain according to retention timelines to support future inquiries.
Disclose Known Hazards
Err on the side of disclosure for safety or environmental issues to reduce potential liability and buyer rescission claims.

Typical eSignature Pricing and Feature Comparison

Pricing and feature availability vary by vendor and plan. signNow is listed first for direct feature comparison; check vendor plans for exact terms.

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 by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes (Business Premium) Available on plans Available on plans Available on plans Available on plans
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently Asked Questions

Answers to common questions about preparing, signing, and storing the Tennessee Residential Property Disclosure.


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