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Current as of January 02, 2024 | Updated by FindLaw Staff
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 DisclosureThe 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 02, 2024 | https://codes.findlaw.com/tn/title-66-property/tn-code-sect-66-5-210/
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.
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