Sell in Clarksville with Meydomo

Residential Property Condition Disclosure or Disclaimer

Tennessee law (Tenn. Code Ann. §66-5-201 et seq.) requires sellers of residential real property (1–4 dwelling units) to furnish a **Residential Property Condition Disclosure** to buyers prior to a contract. The disclosure form covers a broad range of property conditions: structural components, roof, plumbing, electrical, HVAC, septic/sewer, water supply, termites, environmental issues (lead, radon, flood, etc.), and any known material defects. Alternatively, Tennessee law does allow a seller to provide a **Disclaimer** (selling “as is”) instead of a full disclosure, but only if the buyer waives the disclosure requirement in writing. Even with a disclaimer, sellers must disclose **known** defects or hazards that have not been addressed. Some transfers (like new construction, bank-owned foreclosures, estate executors, or between co-owners) are exempt. If a required disclosure is delivered late or is materially inaccurate, the buyer has the right prior to closing to rescind the contract. Additionally, Tennessee specifically mandates a separate disclosure if the property is in a Planned Unit Development (HOA), including info about assessments, which is typically handled via an addendum. Tennessee also requires disclosure of any known exterior injection well or sinkhole on the property. Non-compliance or misrepresentation can expose sellers to lawsuits for actual damages, court costs, and potentially attorney fees. Notably, TN law says failure to disclose a known defect with intent to deceive can allow treble damages.

• Tenn. Code Ann. §§66-5-201 to 66-5-210

MLS Procedures

Tennessee’s MLS systems (e.g., Realtracs in Middle TN, MAAR MLS in Memphis) require a listing agreement. Clear Cooperation applies (Realtracs has fines for violations). MLS listings typically indicate "Property Disclosure: Yes" or "As-Is, No Disclosure". If a seller is providing a disclaimer (as-is), agents usually attach the buyer’s signed waiver of disclosure to the MLS. Otherwise, the completed disclosure form is often attached. MLS rules require at least one photo (exterior). Remarks must avoid fair housing issues. Also, in TN, because some sellers provide disclaimers, MLS remarks often clarify “Home being sold 'as-is'; seller to make no repairs” to set expectations (though known issues still must be disclosed by law). The MLS doesn’t require that language, but it’s common. Tennessee is known to have some foundation/sinkhole risk areas; if a sinkhole is known it must be on the disclosure, and MLS agent notes usually highlight if a sinkhole test was done or not. The MLS will penalize not updating contingent or pending statuses timely. If a property has an HOA, the MLS has fields for HOA fee and contact; filling those correlates with the requirement to give the HOA disclosure. Essentially, MLS supports compliance by including appropriate fields and attachment sections for disclosure forms, but enforcement of giving the form to a buyer is via state law, not MLS policing (other than expecting attachments).

• Realtracs MLS Rules & Regs
• Tenn. Code Ann. §66-5-209

Lead-Based Paint Hazard Disclosure

Federal law (Residential Lead-Based Paint Hazard Reduction Act) requires sellers of pre-1978 housing to disclose any known lead-based paint or hazards and give the EPA “Protect Your Family from Lead” pamphlet, allowing buyers a 10-day lead inspection period or waiver.

• 42 U.S.C. 4852d
• 24 CFR 35

Fair Housing Act (No Discriminatory Advertising)

Under federal and Tennessee law, advertisements for a home sale must not express any preference or limitation based on protected classes. For example, a listing can’t state 'perfect for single professionals' or 'no kids'. Tennessee’s Human Rights Act mirrors the federal protected categories.

• 42 U.S.C. §3604(c)
• Tenn. Code Ann. §4-21-601