Tennessee Code Title 66. Property § 66-5-210

Following is the form prescribed by the general assembly which is necessary to comply with this part.  The form used does not have to be the one included in this section, but it is the intent of the general assembly that any such form includes all items contained in the form below with all acknowledgement provisions of such form:

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

(Check the one that applies)

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?  (The Tennessee Real Estate Commission urges any buyer or seller who encounters this product to have a qualified professional inspect the structure in question for the preceding concern and provide a written report of the professional's finding.)

    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 .

Cite this article: FindLaw.com - Tennessee Code Title 66. Property § 66-5-210 - last updated January 01, 2020 | https://codes.findlaw.com/tn/title-66-property/tn-code-sect-66-5-210.html


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