What must you legally disclose when selling your house in Tennessee? Tennessee seller disclosure law requires you to tell buyers about any material defects you actually know of — a leaking roof, a wet crawlspace, a foundation issue — in writing, before the purchase contract is signed.
Most Knoxville sellers I sit down with are surprised by two things. First, the disclosure isn’t a formality you sign at closing — it goes to the buyer up front, before you have a deal. Second, selling “as-is” does not get you off the hook for problems you already know about. Those two misunderstandings are where sellers get themselves into trouble, and they’re easy to avoid once you know how the rule actually works.
Here’s the plain-English version for anyone selling a home in Knoxville, Farragut, West Knoxville, or anywhere in East Tennessee this year.
What Tennessee seller disclosure actually requires
Tennessee’s Residential Property Condition Disclosure law (Tenn. Code Ann. § 66-5-201 through 66-5-210) applies to most sales of homes with one to four dwelling units. Before a purchase contract is signed, you give the buyer a written statement listing any material defects you personally know about. You can read the state’s overview of a seller’s obligations through Nolo’s Tennessee disclosure guide.
The standard form walks through the house system by system: roof, foundation and slab, plumbing, electrical, heating and cooling, water and sewer, drainage, and known hazards like mold, radon, or asbestos. For each item you answer Yes, No, or Unknown.
A few things about that form that put sellers at ease:
- You’re only disclosing what you actually know. The law does not require you to go dig into your own house or hire an engineer to test systems you’ve never had trouble with.
- “Unknown” is a legitimate answer when you truly don’t know. You’re not expected to guess.
- The standard is good faith. Answer honestly to the best of your knowledge and you’ve done your job.
The point of the whole process is to put the buyer on notice, so there are no ugly surprises after closing — surprises that turn into phone calls from an attorney.
Does selling “as-is” cancel the disclosure? No.
This is the single biggest myth I correct. Selling your home “as-is” means you’re not agreeing to make repairs. It does not mean you can hide a defect you already know about.
Tennessee does allow a buyer to waive the full disclosure. When that happens, you provide a disclaimer statement instead — a document that says you’re making no representations about the property’s condition and the buyer is taking it as-is. But even that disclaimer has to be delivered before the contract is signed, and it doesn’t erase your duty to be honest about material defects you know of. If you knew the basement floods every spring and you stayed quiet, “as-is” won’t protect you.
So the honest read is simple: as-is controls who fixes things, not whether you tell the truth.
What you don’t have to disclose in Tennessee
The law also draws some lines the other direction. Under Tenn. Code Ann. § 66-5-207, you are not required to disclose:
- Whether a prior occupant had HIV or another illness medical evidence says isn’t transmitted through a home.
- Whether the property was the site of a homicide, suicide, or other death.
The legislature decided those facts shouldn’t drive a home sale and could unfairly invade a former owner’s privacy. If a buyer asks you a direct question, talk with your agent about how to handle it — but the disclosure form itself doesn’t require you to volunteer these.
The Knoxville defects worth getting right
In our market, a handful of issues come up on disclosures again and again. Getting ahead of them protects your sale:
- Crawlspace moisture. A huge share of East Tennessee homes sit on crawlspaces, and moisture is the number-one thing buyers’ inspectors flag. If you know about standing water, a failed vapor barrier, or past encapsulation work, disclose it.
- Foundation and slab movement. Our clay soils move. Known cracks or prior repairs belong on the form.
- Roof age and past leaks. A repaired leak isn’t a problem to disclose — a hidden one is.
- Water and drainage. Lot grading and past basement or crawlspace water are common on sloped Knoxville lots.
My honest advice to sellers: a disclosed and documented repair reassures buyers far more than a blank form does. Buyers trust a seller who shows their work.
One separate rule for older homes: lead paint
If your home was built before 1978, a separate federal rule applies on top of the Tennessee form. You must give buyers the EPA lead-paint disclosure and pamphlet and disclose any known lead-based paint. You can review that federal requirement at the EPA’s real estate disclosure page. Many of Knoxville’s established neighborhoods have pre-1978 homes, so this one comes up often.
What happens if you don’t disclose
Honesty here isn’t just good manners — it’s legal protection. If a buyer discovers a material defect after closing that you knew about and didn’t disclose, Tennessee law (Tenn. Code Ann. § 66-5-208) lets them sue for actual damages, generally the cost of repairing or replacing the problem. You can read the remedies statute directly on Justia’s Tennessee Code.
Compare that to the cost of just checking a box honestly, and the math is obvious. Full, good-faith disclosure is the cheapest insurance you’ll buy in the whole transaction.
How I handle disclosures with my sellers
When we list your home, I walk the disclosure with you room by room so nothing gets missed and nothing gets over-stated. If something needs a receipt or a quick fix before we go live, we handle it early — while we have time and leverage, not in the middle of a contract when a buyer has the upper hand. That’s the difference between a disclosure that costs you a deal and one that builds a buyer’s confidence. This is guidance, not legal advice, and anything with real legal weight I’ll point you to a Tennessee real estate attorney for.
Frequently Asked Questions
Do I have to fill out a disclosure if I’m selling my house as-is in Tennessee?
Yes, in most cases. Selling as-is means you won’t make repairs, but it doesn’t cancel your duty to disclose material defects you already know about. If the buyer waives full disclosure, you provide a disclaimer statement instead — and it still has to be delivered before the contract is signed.
When do I give the buyer the disclosure form?
Before the purchase contract is signed, not at closing. Tennessee’s disclosure law is meant to put the buyer on notice up front so they can make an informed offer. Your agent will make sure it’s delivered at the right time.
What happens if I don’t disclose a known problem?
If a buyer later finds a material defect you knew about and hid, Tennessee law lets them pursue you for actual damages — typically the cost to repair or replace it. Good-faith disclosure is the simplest way to protect yourself from a post-closing dispute.
Selling in Knoxville? Let’s get your disclosure right from the start.
Getting the disclosure right protects your sale and your peace of mind. Call or text Hilmar Castillo, Realtor®/Broker at Castillo Realty, at (865) 437-9539, or visit castillorealtytn.com for a free home value review and a walk-through of exactly what your disclosure should cover. Hilmar serves sellers across the Knoxville metro and East Tennessee — in English and in Spanish.
Talk soon,
Hilmar