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

Current as of January 01, 2020 | Updated by FindLaw Staff

Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

Search Tennessee Code

Search by Keyword or Citation

Search by Keyword or Citation

« Prev

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 ____________________

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.

« Prev

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/

Read this complete Tennessee Code Title 66. Property § 66-5-210 on Westlaw

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Latest Blog Posts