Shawn Wilmoth · United Real Estate Solutions · East Tennessee REALTORS® Participant
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Government publications, free, from the agency that wrote them — so you always get the current edition.
Each is the publisher’s own document, unchanged. We point you to them because they are free and because a buyer’s lender will ask about most of them — not as advice about your sale. What any of them means for your particular property is a question for a lawyer or an accountant.
Tennessee’s property condition disclosure law reaches residential property of one to four dwelling units (T.C.A. § 66-5-201). A commercial sale has no statutory form to fill, and nobody will hand you one.
That is not a licence to say less. A wrong statement about the property is a misrepresentation whether or not a form exists, and a buyer’s lender will usually ask for a survey and a Phase I environmental assessment before closing — the pros for both are a section up.
If your building holds one to four dwelling units, the residential disclosure law applies to that sale — a title company or a real-estate attorney will give you the form. We do not tell you what belongs in any box: that is the practice of law.
Each is the publisher’s own document, unchanged. We point you to them because they are free and because some are required — not as advice about your sale. What any of them means for your particular house is a question for a lawyer.
Tennessee requires a residential seller to furnish one of two things: a property condition disclosure, or — only where the buyer waives the disclosure — a disclaimer saying the property is taken “as is” (T.C.A. § 66-5-202). The form is printed in the law itself at § 66-5-210, which says the form you use need not be the one printed there, so long as it carries every item and every acknowledgement. The separate notice for an exempt sale is at § 66-5-209.
The risk is not the paperwork. It is what the paperwork says. § 66-5-208 gives a buyer no claim under this part merely because you did not hand one over. What it does give them, when a disclosure is wrong, is actual damages for a defect that existed when the contract was signed — brought within one year of the disclosure or the closing, whichever came first — or the right to terminate before closing. And for an intentional or willful misrepresentation it leaves every other remedy at law and in equity open.
Which is the part worth carrying away: skipping the form does not protect a seller who knew about the water in the crawlspace, and filling one in carelessly is a signature on the carelessness.
We do not hand you a completed Tennessee form and we will not tell you what belongs in any box — that is the practice of law. We also do not hand you the copies you will find first in a search: those are Tennessee REALTORS® RF-numbered forms, licensed to their members, and a for-sale-by-owner seller may not be given one. A title company or a real-estate attorney will give you a proper one, usually as part of closing.
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A reminder, not advice. Selling your own homeproperty is a fine way to sell — and the seller carries these, agent or no agent.
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State and federal documents plus our templates — never REALTOR®-only forms, which a FSBO sale may not use. Filled in your browser, printed at your desk.