Tennessee seller disclosure, in plain language

What Do I Have to Disclose When I Sell?

Selling a home brings up a lot of paperwork, and the disclosure form is the part that worries sellers most. What do I have to tell the buyer? What if I am not sure about something? What if something changes after the contract? Here is what the Tennessee Residential Property Disclosure Act says, in plain language, for Manchester and Coffee County sellers.

The short answer: most Tennessee sellers must give the buyer a written disclosure of the home's condition and any material defects they know about, before the contract is signed by everyone. An as is disclaimer is only allowed if the buyer waives the disclosure. Honest, complete answers protect you.

This is general information, not legal advice. Talk with a Tennessee attorney about your own situation.

Most sellers must disclose

Tennessee's disclosure law (TCA 66 5 201) covers sales of homes with one to four units, with or without a real estate agent. So even if you sell on your own, the law still applies. Most sellers give the buyer a written statement.

Disclosure or disclaimer

Under TCA 66 5 202, you give the buyer one of two things:

A disclosure statement about the home's condition, including any material defects you know about, or
An as is disclaimer, stating that you make no representations or warranties about the condition and the buyer takes the home as is

The disclaimer is only allowed if the buyer waives the disclosure. If the buyer does not waive it, you must provide the disclosure statement. The law also says you do not have to hire an inspector or investigate the home yourself to fill out the form. You answer based on what you know.

If you are thinking about selling a home that needs work, my guide to selling as is explains how the disclaimer works in practice.

Deliver it before the contract is accepted

The statement must be delivered before the purchase contract is signed by everyone (TCA 66 5 203). It can be part of the contract, an addendum or a separate document. In practice, I like to have it filled out before the home goes on the market, so buyers can read it before they write an offer.

Items Tennessee names separately

Beyond the standard form, Tennessee law (TCA 66 5 212 and 66 5 213) names some items that need their own disclosure if you know about them:

A known sinkhole on the property
A known exterior injection well
Known soil test results, such as a percolation test
A house moved from its original foundation
Whether the home is in a planned unit development

Sinkholes and soil tests come up more often in rural parts of Coffee County, especially on land with septic systems. My septic systems guide covers the records a buyer may ask for.

Homes built before 1978

Federal rules require lead based paint disclosures for most homes built before 1978. In Manchester, 111 of the 397 homes sold from October 2025 through September 2026 were built before 1978, according to Realtracs MLS data. So this applies to a real share of local sales.

The federal disclosure is separate from the Tennessee form. If your home was built before 1978, plan for both.

Unknowns and changes

Two rules in TCA 66 5 205 help sellers who are not sure about everything:

If you do not know an item, you may say it is unknown. You should not guess, and you should not mark no if you really do not know.
At or before closing, you disclose any material change in the home's condition, or certify that it is substantially the same as when you filled out the form.

So if a storm damages the roof after the contract, or a new leak shows up, tell the buyer in writing.

What the statement is not

The disclosure statement is not a warranty, and it does not replace the buyer's inspection. Buyers still get their own home inspection, and many add radon and termite inspections. Some sales are exempt from the law (TCA 66 5 209), such as certain court ordered and estate sales. If you are selling an inherited home, my inherited home guide explains more.

Tips for filling out the form

1. Fill it out yourself, based on what you know, not what your agent thinks

2. Gather records of repairs, roof work, heating and cooling service and any warranties

3. Answer unknown when you truly do not know

4. Explain past problems that were fixed, with dates and receipts if you have them

5. Update the buyer in writing if anything changes before closing

My full Tennessee seller disclosure guide walks through each section of the state form.

Getting ready to sell in Manchester?

Honest answers protect you and keep your sale on track. Call or text me at (615) 497 1658 for a free home value, and I will make sure you have the right forms early.

Keep reading:

Sources: Tennessee Code 66 5 201 through 66 5 213; US EPA lead disclosure rule. Year built data: Realtracs MLS, Manchester TN 37355 residential sales (manufactured homes excluded), October 2025 through September 2026. General information, not legal advice.

Common questions

Do I have to give a disclosure when selling a house in Tennessee?

In most sales of homes with one to four units, yes. Under TCA 66 5 202, the seller gives either a disclosure statement about the home's condition and known material defects, or an as is disclaimer if the buyer waives the disclosure.

Can I sell my Tennessee home as is without a disclosure?

Only if the buyer waives the disclosure. Under TCA 66 5 202, the as is disclaimer is permitted only when the purchaser waives the required disclosure statement.

When does the seller disclosure have to be given?

Under TCA 66 5 203, the statement must be delivered before the purchase contract is signed by everyone. It can be part of the contract, an addendum or a separate document.

What if I do not know the answer to a disclosure question?

Tennessee law lets you mark an item as unknown. At or before closing, you must disclose any material change in condition or certify that the home is substantially the same.

Do older homes need a lead paint disclosure?

Federal rules require lead based paint disclosures for most homes built before 1978. In Manchester, 111 of 397 homes sold from October 2025 through September 2026 were built before 1978.

Matt Sargent is a Tennessee licensed affiliate broker with Keller Williams who helps buyers and sellers in Manchester and Coffee County. Call (615) 497 1658 or send a message.