Top 8 Things to Know About Tennessee Residential Property Disclosure Law

Top 8 Things to Know About Tennessee Residential Property Disclosure Law

If you are thinking of buying or selling a home, you may have questions about the basics on Tennessee property disclosure law. The Tennessee Residential Property Disclosure Act, Tenn. Code Ann. 66-5-201, et. seq., requires the Seller of a home to provide the Buyer with a Property Disclosure Statement.  Despite this law, there is still a large amount of real estate litigation arising from defects discovered in a home after the Buyer has moved in. Be aware of these top things to know about Tennessee real estate property disclosure law:

Tennessee Property Disclosure Law

1. Sellers are required to disclose the condition of the home, including any “material defects.” What does “material” mean? Generally, any fact or condition that might affect a Buyer’s decision to purchase the home.
2. Sellers are only required to disclose based on the information they have.  Sellers are not required to have a home inspection, hire experts, or conduct an independent investigation to discover everything that might be wrong with their home.
3. The Disclosure Statement is not a warranty. The disclosure form is not a substitute for a thorough home inspection.  If you are the Buyer, you shouldn’t just rely on the disclosure form. Hire your own home inspector.
4. Some sellers are exempt from making disclosures. Common exceptions include sales or transfers between co-owners, new construction, purchases from lenders after foreclosure, auction sales, or if the Seller has not lived in the home within the 3 years before the Closing.
5. Sellers are NOT Required to Repair Items listed in the Disclosure.  If you are the Buyer, be aware that Sellers don’t have to fix anything listed as broken or defective. If you want an item repaired, you must contract for it. In other words, both Buyer and Seller must agree in the final contract that an item will be repaired by the Seller before closing.
6. Sellers ARE required to update their disclosures before closing. Sellers must update to address any material changes that have taken place since the original date of disclosure, or to confirm to the buyer that the original form is still accurate. Tenn. Code. Ann. 66-5-205.  If you are the Buyer, you should not close on a home without seeing an updated Disclosure Form signed and dated by the Seller.
7. Representations in the Disclosure Form are those of the Seller only, and not the Real Estate Agents.  The Disclosure Act applies only to Sellers.  An agent can’t be sued under the Disclosure Act for information contained in a Seller’s disclosure form unless the agent is a signatory. Tenn. Code. Ann. 66-5-202; 66-5-208. However, real estate agents have certain disclosure duties pursuant to the Tennessee Real Estate Broker License Act of 1973.   Under the Real Estate Broker License Act, a real estate agent is required to “disclose to each party to the transaction any ‘adverse facts’ of which the licensee has actual notice or knowledge.”  Tenn. Code Ann. § 62-13-403.  What are adverse facts? Both Acts define adverse facts as conditions or occurrences generally recognized by competent agents that significantly reduce the structural integrity of improvements to real property or present a significant health risk to occupants of the property. Tenn. Code Ann. § 62–13–102(2); § 66–5–206. However, the definition of adverse facts found in the Real Estate Broker License Act also contains a third prong, for conditions or occurrences that “have negative impact on the value of the real estate.” Tenn. Code Ann. §62-13-102(2). See Ledbetter v. Schacht, 395 S.W.3d 130, 136 (Tenn. Ct. App. 2012).
8. Any lawsuit against a Seller for a misrepresentation in a Disclosure Statement must be filed within one (1) year.  Any cause of action based directly on the disclosure law statutes will be lost if not filed within one (1) year from the date the buyer received the disclosure statement or the date of closing, or occupancy, whichever occurs first. Tenn. Code Ann. § 66-5-208.

Discovering a Problem After Closing

If there is “trouble in paradise” with your new home and you think the Seller or a Real Estate Agent made a misrepresentation concerning the home, speak with our attorney as soon as possible.

While a lawsuit is not always necessary to resolve a legal issue, remember there are deadlines within which to file a lawsuit, if necessary.  Our experienced litigation attorney can advise you of your options based on the particular facts of your situation.

Speak With Our Attorney

The attorneys at Patterson Bray PLLC  are experienced litigation and contract lawyers. We understand real estate transactions and sales, and we know the disclosure laws applying to both home sellers and real estate agents and brokers in Tennessee.  Call us today at (901) 372-5003.

Additional RESOURCES:

Read more about Lawsuit Deadlines: How Long Do I have to File a Lawsuit in Tennessee?

Types of Residential Property Disclosure Cases We Handle

Buying or selling a home is one of the most significant financial decisions a person can make. When critical information about a property is withheld or misrepresented, the consequences can be costly and stressful. At Patterson Bray PLLC, we represent individuals involved in residential property disclosure disputes and help them pursue accountability when problems surface after a transaction. For clients searching for guidance on Tennessee premises liability, our firm offers focused representation backed by practical legal strategy.

We are not your everyday law firm. As a small firm with a client-first approach, we provide attentive service, cost-effective solutions, and results-driven advocacy. Below are the most common types of residential property disclosure cases we handle and how we help our clients protect their interests.

Failure to Disclose Structural Defects

Structural issues such as foundation problems, roof damage, or compromised load-bearing walls can dramatically affect a home’s safety and value. When sellers fail to disclose known structural defects, buyers may face extensive repair costs and safety concerns after closing.

We represent buyers who discover hidden structural issues and pursue claims based on misrepresentation or nondisclosure. By carefully reviewing disclosure forms, inspection reports, and repair histories, we work to show how these defects should have been disclosed under Tennessee law.

Undisclosed Water Damage and Mold Issues

Water intrusion and mold growth are among the most common—and expensive—issues found in residential properties. Sellers may attempt to conceal prior flooding, leaks, or mold remediation efforts, leaving buyers with unhealthy living conditions and costly repairs.

Our firm handles cases involving undisclosed water damage, mold, and moisture-related defects. With a strong understanding of Tennessee premises liability principles, we build claims that connect the seller’s knowledge of the issue to the buyer’s financial and property-related losses.

Electrical and Plumbing Disclosure Violations

Faulty electrical wiring and defective plumbing systems pose serious safety risks. When sellers fail to disclose prior electrical fires, code violations, pipe failures, or ongoing plumbing issues, buyers may unknowingly move into dangerous conditions.

We help clients pursue claims involving undisclosed electrical and plumbing defects by analyzing inspection findings, repair records, and prior complaints. Our goal is to hold responsible parties accountable while seeking compensation for repair costs and related damages.

Concealed Pest Infestations and Termite Damage

Termites and other pests can cause significant structural damage over time. In many cases, sellers are aware of infestations or past treatments but fail to disclose them properly during the sale.

We represent buyers who later uncover termite damage, rodent infestations, or pest-related deterioration. By demonstrating that the seller knew—or should have known—about the issue, we pursue remedies that reflect the true cost of restoring the property.

Undisclosed Environmental and Property Hazards

Environmental hazards such as soil contamination, buried debris, lead-based paint, or asbestos can significantly affect a property’s safety and marketability. Failure to disclose these conditions may expose buyers to health risks and regulatory issues.

Our firm handles residential property disclosure disputes involving environmental hazards by thoroughly investigating property history and prior remediation efforts. We listen to our clients and formulate strategies tailored to their specific concerns, goals, and long-term needs.

Misrepresentation of Renovations and Permits

Sellers may advertise recent renovations or upgrades without disclosing that the work was completed without proper permits or failed to meet building standards. These misrepresentations can result in failed inspections, fines, and expensive corrective work.

We represent buyers misled about the quality or legality of renovations and pursue claims that reflect the financial impact of bringing the property into compliance. Our focused approach allows us to address both legal and practical concerns efficiently.

Legal Support for Tennessee Residential Disclosure Disputes

At Patterson Bray PLLC, we believe clients deserve more than generic legal advice. Small firm. Better focus. Big results. We provide cost-effective solutions and deliver client satisfaction through extraordinary service and commitment. Every case begins with listening, understanding our clients’ unique situations, and developing legal strategies aligned with their goals.

If you are facing a residential property disclosure dispute and need guidance related to Tennessee premises liability, our team is ready to help. Contact us today to discuss your situation and learn how our focused, results-oriented approach can support your next steps.

Premises Liability FAQs

Our Tennessee premises liability lawyers often talk with people who have been injured because a property was not kept reasonably safe. Questions come up quickly, especially when someone is dealing with medical bills, missed work, and uncertainty about how property laws apply to their situation. Below, we put together these common questions to offer clear guidance around premises liability and personal injury law, using straightforward language and real-world points that matter to injured visitors and customers. 

When Is A Property Owner Responsible For An Injury On Their Property?

A property owner can be responsible when they fail to correct or warn about a danger they knew about or should have known about. This applies to stores, private homes, rental units, parking lots, and other locations open to guests or customers. The key question is whether the owner had a reasonable opportunity to fix the hazard or place a warning but did not. When an unsafe condition, such as poor lighting, broken flooring, or a slippery walking surface, leads to injuries, our Tennessee personal injury lawyer looks closely at the actions of the property owner to determine whether they met their responsibility. We also consider how long the danger was present and whether others reported similar issues.

How Do You Know If A Hazard Should Have Been Corrected?

We look at how long the hazard existed and whether the owner performed regular inspections or maintenance. If a condition was ignored for an extended period, that often supports the idea that it should have been corrected earlier. We also consider industry standards and basic safety expectations. For example, loose handrails, torn carpeting, or standing water are conditions most owners should address promptly. The timing matters as well. If employees walked past the danger without taking action, that shows the owner likely had enough time to correct the issue.

What Evidence Is Helpful In A Property Injury Claim?

Photos and videos taken at the scene are some of the strongest forms of evidence. Our skilled Tennessee personal injury lawyers look for incident reports, witness statements, maintenance logs, and any available surveillance footage. Medical records are essential because they show what injuries were diagnosed and how they connect to the unsafe condition. When possible, we encourage people to write down what they remember while the details are still fresh. This can include how the hazard looked, who was present, and what was said immediately after the injury occurred. Even small details can be useful when building a clear picture of what happened.

How Long Do I Have To Take Legal Action After Being Hurt On Someone’s Property?

The statute of limitations vary by state, but most areas impose a time limit that requires you to file a claim within a specific period after the injury. Missing this deadline usually means losing the ability to pursue damages at all. Because of that, we try to review property injury claims as soon as possible. Early action gives us time to collect evidence before it disappears and speak with witnesses while their memories are accurate.

What Damages Can I Pursue In A Property Hazard Case?

We may pursue compensation for medical bills, lost income, and harm related to the long-term effects of the injury. Ongoing treatment needs and future limitations are also taken into account. When a preventable hazard caused the injury, the law allows us to seek recovery for the impact it has on daily life, physical comfort, and overall well-being. Claims are usually filed against the liable party’s insurance policy.

Move Forward With Confidence

We hope these answers give you a clearer understanding of how property-related injury claims work and what steps may support your legal options. If you or someone close to you was hurt because a property was not kept reasonably safe, we encourage you to reach out to us for a free consultation. Together, we can talk through the situation and discuss how we may help you move forward with confidence. At Patterson Bray PLLC, our work is personal, and clients become family.