Tennessee Seller Disclosure Requirements | TN Code §66-5-201 et seq. Guide

Key Information

Tennessee's Residential Property Disclosure Act (TN Code §66-5-201 et seq.) requires residential sellers to complete and deliver a statutory 26-question disclosure form before any contract of sale is signed. The form covers property condition across structural systems, water and sewage, environmental hazards, and legal issues — with sellers certifying responses to the best of their knowledge. Tennessee also requires a separate disclosure if the property is in a flood zone or if there is any known structural or mechanical defect. For pre-1978 homes, the federal Lead-Based Paint Disclosure Rule (42 U.S.C. §4852d) applies in addition. BuildMyListing helps Tennessee agents document all 26 disclosure questions and produce a compliant listing package.

Pricing: Starting $99/month

Time Required: Complete disclosure documentation in one workflow

The Problem

Tennessee's 26-question form is longer than many agents realize — particularly for properties with private water wells, septic systems, or history in a flood zone. Incomplete or vague responses create post-closing liability under TN Code §66-5-201 et seq. for both sellers and their agents.

The Solution

BuildMyListing helps Tennessee listing agents walk sellers through all 26 disclosure questions with structured prompts, timestamps responses for the broker file, flags the federal lead paint overlay for pre-1978 homes, and generates a complete listing package — enhanced photos, RealTracs-compatible MLS description, and compliance documentation — in one workflow.

Key Features

26-Question Disclosure Documentation

Tennessee's Residential Property Disclosure Act (TN Code §66-5-201 et seq.) requires sellers to complete a 26-question form covering: structural components (roof, foundation, exterior walls, floors, windows), plumbing, electrical, HVAC, water supply (public/well), sewage disposal (public/septic), environmental hazards (asbestos, radon, USTs, lead paint), flood zone status, and legal/title issues. BuildMyListing documents each response with timestamps.

Benefit: All 26 TN Code §66-5-201 disclosure questions documented before contract

Well and Septic System Documentation

Tennessee has extensive rural and suburban housing with private water wells and septic systems, particularly outside Nashville's urban core in counties like Williamson, Rutherford, Wilson, Maury, and Robertson. Questions 11-14 on the Tennessee disclosure form address water supply type and sewage disposal. BuildMyListing prompts for well age, water test history, and septic system service records — the most commonly litigated disclosure categories in Tennessee.

Benefit: Well and septic documentation for Tennessee's rural and suburban inventory

Flood Zone and Environmental Hazard Flags

Tennessee's disclosure form requires affirmative answers to flood zone status, drainage problems, and known environmental hazards. Middle Tennessee and West Tennessee have significant flooding history, including the 2010 Nashville flood and recurring Cumberland River and other basin flooding. BuildMyListing flags flood zone questions and environmental hazard categories for complete documentation.

Benefit: Flood and environmental hazard categories documented — high-stakes in Tennessee markets

Federal Lead Paint Addendum

For Tennessee properties built before 1978, the federal EPA/HUD Lead-Based Paint Disclosure Rule (42 U.S.C. §4852d) applies in addition to the 26-question form. Tennessee has substantial pre-1978 housing stock across Nashville, Memphis, Knoxville, and Chattanooga. BuildMyListing flags pre-1978 construction and includes the lead paint checklist.

Benefit: Federal lead paint overlay documented for Tennessee's large pre-1978 housing stock

How It Works

Enter Property Details

Input property address, construction year, water supply type (public/well), sewage type (public/septic), and flood zone status. BuildMyListing flags pre-1978 construction for federal lead paint overlay and identifies rural county properties where well and septic documentation is most important.

Complete All 26 Disclosure Questions with Seller

Walk through all 26 Tennessee disclosure questions with your seller. BuildMyListing structures the questions by category — structural, mechanical, water/sewage, environmental, legal — and captures timestamped responses. Well test dates, septic service history, and flood zone status are specifically prompted.

Download Listing Package with Disclosure Record

Download the full listing package: enhanced photos, RealTracs MLS-compatible description, and a timestamped disclosure documentation record for the broker file — all ready before the listing goes live.

Compliance Reference

TN Code Section	Disclosure Category	Key Items	Notes
§66-5-201 et seq.	Residential Property Disclosure — 26 questions total	Full statutory form	Must be delivered to buyer before any contract. Tennessee Association of Realtors (TAR) publishes the standard form. Buyer has the right to terminate within a period specified by the contract upon receipt.
§66-5-201 (Questions 1-8)	Structural components	Roof, foundation, exterior walls, floors, ceilings, windows, doors	Known structural defects including foundation issues, roof condition, water intrusion, and settling must be disclosed.
§66-5-201 (Questions 9-14)	Mechanical systems and utilities	Plumbing, electrical, HVAC; water supply type; sewage type	Questions 11-14 specifically address water supply (public vs. well) and sewage (public sewer vs. septic). Private system condition must be disclosed.
§66-5-201 (Questions 15-20)	Environmental and flood	Asbestos, radon, lead paint, USTs, flood zone, drainage	Environmental hazards and flood zone status must be disclosed. Tennessee flooding history makes the flood zone question particularly important in many markets.
§66-5-201 (Questions 21-26)	Legal and HOA	Zoning violations, code violations, easements, HOA assessments, pending litigation	Known legal issues, unpermitted work, and HOA status and special assessments must be disclosed.
42 U.S.C. §4852d	Federal Lead-Based Paint Disclosure	Pre-1978 construction	Federal requirement in addition to the 26-question form. Applies to all residential housing built before 1978. Seller disclosure form, EPA pamphlet, and 10-day inspection right.

Common Use Cases

Williamson County Home with Private Well

Scenario: Agent listing a 2005 Williamson County single-family home on private well and public sewer. Well test was done in 2021 (passed). Multiple Tennessee disclosure questions address water supply type and condition.

Process: Private well confirmed → Well test date documented → Water supply questions (Q11-Q14) completed → Full 26-question disclosure completed → Listing package generated

Compliance: Water supply disclosure per TN Code §66-5-201 completed before contract; well test record documented

Nashville Historic Home with Pre-1978 Lead Paint Overlay

Scenario: Agent listing a 1948 Nashville home in East Nashville. Pre-1978 construction triggers federal lead paint (42 U.S.C. §4852d). Seller discloses a 2019 HVAC replacement and original knob-and-tube wiring in the attic.

Process: Pre-1978 → Federal lead paint checklist added → Electrical section documents knob-and-tube disclosure → All 26 disclosure questions completed → Listing package generated

Compliance: Electrical condition and federal lead paint both documented; all 26 Tennessee disclosure questions timestamped before contract

Frequently Asked Questions

What is Tennessee's Residential Property Disclosure Act?

Tennessee's Residential Property Disclosure Act (TN Code §66-5-201 et seq.) requires residential sellers to complete and deliver a 26-question statutory disclosure form to buyers before any contract of sale is signed. The form requires sellers to certify, to the best of their knowledge, the condition of the property across structural components, mechanical systems, water supply, sewage disposal, environmental hazards, flood zone status, and legal/title issues. The Tennessee Association of Realtors (TAR) publishes the standard form used by most agents. The buyer typically has a right to terminate after receiving the disclosure form — the contract should specify the exact window.

How many questions are on the Tennessee disclosure form?

Tennessee's standard disclosure form has 26 questions, organized into categories: structural (roof, foundation, walls, floors, ceilings, windows, doors), mechanical systems (plumbing, electrical, HVAC), utilities (water supply type, sewage type), environmental hazards (asbestos, radon, lead paint, underground storage tanks), flood zone and drainage, and legal/HOA issues (zoning violations, code violations, easements, HOA). Sellers must check 'yes,' 'no,' or 'unknown' for each question and provide explanatory notes when answering 'yes.'

What transactions are exempt from Tennessee's disclosure requirement?

TN Code §66-5-202 exempts several transactions: transfers by court order, foreclosure or trustee sale, estate or personal representative transfer, transfers between co-owners, and transactions where the buyer has waived the right to receive the disclosure. New construction with a builder's warranty may also fall outside the statutory disclosure framework. Even in exempt transactions, the federal lead-based paint disclosure (42 U.S.C. §4852d) still applies to pre-1978 properties.

Does Tennessee require specific disclosure for flood-prone properties?

Yes. The Tennessee disclosure form specifically asks whether the property is in a FEMA flood zone (Special Flood Hazard Area) and whether the seller has experienced any flooding, drainage problems, or water intrusion. Tennessee has significant flood risk, including the catastrophic 2010 Nashville flood that affected thousands of properties in Davidson, Williamson, and surrounding counties. Sellers must disclose if the property has flooded — concealing flood history is one of the most common sources of post-closing claims in Tennessee.

What are the consequences of incomplete Tennessee disclosure?

TN Code §66-5-208 provides that a buyer may pursue damages against a seller for willful or negligent misrepresentation on the disclosure form. Tennessee courts have awarded both compensatory damages (cost of repairs) and in willful misrepresentation cases, punitive damages. Real estate agents can face Tennessee Real Estate Commission (TREC) disciplinary action for advising clients to omit known defects. The safest approach is to disclose known conditions and note them accurately on the form.

Does Tennessee require disclosure of methamphetamine or drug lab contamination?

Tennessee's disclosure form includes a question about whether the property has been used as an illegal drug manufacturing site, including methamphetamine labs. This is a specific Tennessee concern given the significant number of rural properties affected. If a seller knows or should know that the property was used as a drug lab, this must be disclosed. Tennessee also has specific cleanup requirements for contaminated properties under state environmental laws.

Does federal lead paint disclosure apply in Tennessee?

Yes. The federal EPA/HUD Lead-Based Paint Disclosure Rule (42 U.S.C. §4852d) applies to any residential housing built before 1978 in all 50 states including Tennessee. Tennessee has substantial pre-1978 housing stock in Nashville's historic neighborhoods (East Nashville, Germantown, 12South, Sylvan Park), Memphis, Knoxville, and Chattanooga. Sellers must provide the disclosure form, EPA pamphlet, disclose known lead hazards, and give buyers a 10-day inspection right. This requirement is separate from and in addition to Tennessee's 26-question disclosure form.

How does Tennessee's disclosure compare to neighboring states?

Tennessee's 26-question form places it among the more structured disclosure states in the Southeast. Georgia requires a disclosure but uses a shorter standard form. North Carolina requires a similar property disclosure but is unique in requiring buyer-signed acknowledgment on a separate form. Kentucky has a seller disclosure requirement under KRS §324.360. Virginia uses a buyer-beware framework and is notably different from Tennessee. All require federal lead paint disclosure for pre-1978 homes.

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Tennessee Residential Property Disclosure Act — 26 Required Questions Before Every Contract