What Are Tennessee's Seller Disclosure Requirements?

Tennessee requires most residential sellers to complete the Tennessee Residential Property Condition Disclosure (Form RF201) before a purchase contract is accepted. The form requires you to disclose all known material defects — including structural issues, system failures, water damage, mold, pest history, environmental hazards, permit history, and several Tennessee-specific items including known sinkholes (mandatory under T.C.A. § 66-5-212, even in as-is sales), exterior injection wells, and subsurface sewage disposal system permits. You disclose what you know — not what an inspection might find. Failing to disclose a known material defect creates legal liability: Tennessee buyers have one year from the disclosure date (or closing date) to file a lawsuit.

Most sellers in Gallatin and across Sumner County approach the disclosure form with one of two mindsets: either they fill it out carefully before they list, or they scramble to complete it in the middle of contract negotiations with a buyer's attorney waiting on the other side.

The second approach is worse in every way.

The Tennessee Residential Property Condition Disclosure is a legal document — and completing it under deadline pressure, without the benefit of time to think, is how sellers miss things they should have disclosed and expose themselves to post-closing lawsuits. Here's what the form covers, what Tennessee law specifically requires, and how to approach this the right way.

Who Is Required to Complete the Disclosure?

Most residential sellers in Tennessee must complete the disclosure. The requirement applies to the sale of any interest in residential property containing one to four family dwelling units.

There are limited exemptions. Sellers are not required to complete the form if the transfer is ordered by a court (probate, divorce, foreclosure), if the property is being transferred between co-owners, if the transfer is a gift to a family member, or if the transfer is from a fiduciary (estate executor, trustee) who has no personal knowledge of the property's condition. Certain foreclosure transfers by lenders also qualify for exemption.

For most sellers in Gallatin — homeowners selling a single-family home they've lived in or owned — the disclosure is required. And the timing matters: the form must be provided to the buyer before the acceptance of a purchase contract, not after.

What the Tennessee Disclosure Form Covers

The Tennessee Residential Property Condition Disclosure (Form RF201) is a detailed questionnaire organized into categories. Here's what you're disclosing across each one:

Structural components. Foundation (cracks, settling, shifting), roof (age, leaks, repairs), walls, ceilings, floors, and any visible structural damage. If you've had a foundation repair, roof replacement, or contractor work on structural elements, document it here.

Major systems. Heating, cooling, and ventilation (HVAC age and condition), electrical wiring (any known issues, aluminum wiring, panel problems), plumbing (leaks, slow drains, water pressure issues), water heater (age, condition), and built-in appliances that convey with the home.

Water, drainage, and sewage. Water source (public or well), any known water quality issues, drainage problems, basement or crawl space moisture, flooding history, and the type of sewage system (public sewer or septic). If you have a septic system, you must disclose its existence and whether you're aware of any failures or required repairs. Results of any percolation tests or soil absorption rate tests accepted by the Tennessee Department of Environment and Conservation must also be disclosed.

Environmental hazards. Mold or moisture intrusion (past or present), radon (if you've tested, the results must be disclosed), asbestos (particularly relevant for homes built before 1980), lead paint (homes built before 1978 require a separate EPA-mandated disclosure form in addition to the state form), underground storage tanks or fuel tanks, and any other known hazardous materials.

Pest and infestation history. Termites, wood-boring beetles, carpenter ants, or other wood-destroying insects — any history of infestation or damage, and any treatment history. Tennessee is a high-termite-activity state, and this section gets scrutiny from buyers and inspectors alike.

Permit and renovation history. Any improvements, additions, or renovations done to the home. The form asks whether the work was done with permits and whether required inspections were completed. Unpermitted work — an added bathroom, a converted garage, a finished basement that never got a building permit — must be disclosed.

Tennessee-Specific Mandatory Disclosures

In addition to the standard categories above, Tennessee law requires disclosure of several items that are specific to the state:

Sinkholes. Under T.C.A. § 66-5-212, sellers must disclose the presence of any known sinkhole on the property. This disclosure is mandatory even if the seller is selling the property as-is or using the exemption notification form. If you know about a sinkhole, it must be disclosed — full stop.

Exterior injection wells. Any well on the property used for disposing of fluids into the ground must be disclosed.

Whether the structure has been moved. If a single-family residence has ever been moved from one foundation to another, this must be disclosed.

Planned Unit Development (PUD) status. If the property is part of a PUD, the form requires disclosure. This affects property taxes, HOA requirements, and certain land use rights.

Subsurface sewage disposal system. If there is an existing permit for a subsurface sewage disposal system (septic system), the permit must be disclosed.

What "Disclose What You Know" Actually Means

Tennessee's disclosure obligation is based on your actual knowledge — not on what an inspection would discover or what a professional assessment might reveal.

You are not required to hire an inspector, a structural engineer, or any other expert to investigate your home before completing the disclosure. If you don't know whether there's radon in your home because you've never tested, you answer "unknown" or "no knowledge." That's a legitimate answer.

What you cannot do is answer "no" to a known problem. If you've had repeated water intrusion in the basement and you disclose "no known water damage," that's a misrepresentation. If the inspector finds it and the buyer can document that you knew about it, you're exposed to a lawsuit.

"I don't know" protects you. "No" when the answer is "yes" does not.

Two categories that trip sellers up:

Deferred maintenance you've been aware of. A leaky roof you've been patching for three years, an HVAC system you know is on its last season, a foundation crack you've watched but not fixed — these are known conditions. Disclose them.

Repairs done incorrectly or without permits. If you or a prior owner did work that didn't pass inspection, or that was done without pulling a permit, that needs to be on the form. Buyers will ask, inspectors often find it, and not disclosing it is the higher-risk path.

The As-Is Option — and Its Limits

Tennessee law does allow sellers to sell a property "as-is" using the Tennessee Residential Property Condition Exemption Notification form instead of the full disclosure form. An as-is sale tells buyers that the seller is not warranting the condition of the property and that the buyer is purchasing based on their own investigation.

But as-is does not mean disclosure-free. Tennessee law still requires as-is sellers to disclose any known sinkhole on the property. And courts have interpreted Tennessee's disclosure statute to mean that even in as-is sales, sellers cannot actively conceal or misrepresent known defects.

For most Gallatin sellers, using the full disclosure form — rather than the exemption — is the safer path. The as-is exemption is more commonly used in estate sales, foreclosures, and transactions where the seller genuinely has no knowledge of the property's condition.

How to Approach the Disclosure Correctly

A few practical recommendations:

Complete the form before you list, not after you go under contract. Under deadline pressure, with a buyer waiting, is the worst time to recall whether you ever had a plumber out for that slow drain. Take the time upfront.

Gather your supporting documentation. Prior inspection reports, repair receipts, contractor invoices, permits, and warranty documentation. These don't have to be attached to the disclosure, but having them handy lets you answer questions accurately — and makes your disclosure more credible to buyers who see documentation.

Update the form if anything changes. If a material change occurs between the time you complete the disclosure and the closing date, the form must be updated. A new roof leak discovered during a showing, a pest sighting after the form was submitted — these require an updated disclosure.

When in doubt, disclose. The legal risk of failing to disclose a known defect — a lawsuit up to one year after closing — is almost always greater than the risk of disclosing something that reduces your sale price. Buyers and their agents factor in disclosed conditions; hidden ones create post-closing problems that are much more expensive to resolve.

Your agent can help you think through your disclosure and flag anything that may need more careful documentation. That conversation is best had before the sign goes in the yard.

For a full picture of the selling process in Gallatin, see our guide to how to sell a house in Gallatin, TN in 2026, which walks through the eight-step selling process and all the cost components sellers need to plan for.

Frequently Asked Questions

Do I have to disclose mold when selling a house in Tennessee?

Yes. If you have known mold or moisture intrusion — past or present — it must be disclosed on the Tennessee Residential Property Condition Disclosure. This includes basement moisture, water intrusion behind walls, or previous mold remediation. You disclose what you know; if you've never tested and have no visible signs, you can answer "no knowledge." But disclosing a known mold issue upfront is always safer than a buyer discovering it after closing and pursuing legal action.

Does Tennessee require a sinkhole disclosure?

Yes. Under T.C.A. § 66-5-212, sellers must disclose any known sinkhole on the property. This requirement applies even in as-is sales — the sinkhole disclosure cannot be waived by using the exemption form. If you're aware of a sinkhole on your property, it must be disclosed.

What happens if I don't disclose a known defect in Tennessee?

Buyers have one year from the disclosure date or closing date to file a lawsuit against a seller for failure to disclose a known material defect. Courts have upheld seller liability in Tennessee for defects that were known and not disclosed, even in as-is transactions where active concealment occurred. The safe path is always to disclose.

Do I need to disclose unpermitted work on my Tennessee home?

Yes. The disclosure form asks whether improvements or additions were made with permits and completed inspections. Unpermitted work — an added room, a converted garage, a finished basement — must be disclosed. Buyers' inspectors commonly flag unpermitted improvements, and failing to disclose work you knew was unpermitted creates legal exposure.

When does the Tennessee seller disclosure have to be provided?

The disclosure must be provided to the buyer before the acceptance of a purchase contract. It is typically provided at or before the time an offer is submitted. If the disclosure isn't provided beforehand, the buyer has the right to rescind the contract within three days of receiving it.

Completing the disclosure correctly — before you list, based on what you genuinely know, with supporting documentation organized — is one of the most important steps in a Tennessee home sale. It protects you legally, builds buyer confidence, and prevents the kind of post-closing disputes that make a successful sale feel like a pyrrhic victory.

If you're thinking about selling in Gallatin, Portland, Lebanon, or anywhere in Sumner County and have questions about your disclosure obligations or what buyers in this market will ask about, schedule a free 30-minute call at calendly.com/melodykaelinrealtor/30min. We'll walk through your property and your situation together.

Contact The Uhls-Kaelin Team

Melody Kaelin Uhls & Rickie Uhls

Hearthstone Realty

📞 Melody: 270-535-9273

📞 Rickie: 615-305-6670

📧 melodykaelinrealtor@gmail.com

📧 ruhls07@live.com

🌐 nashvilleareapropertyfinder.com

About Melody Kaelin Uhls & Rickie Uhls

Melody Kaelin Uhls and Rickie Uhls are the REALTORS® behind The Uhls-Kaelin Team with Hearthstone Realty, serving buyers and sellers across Sumner, Macon, Wilson, and Trousdale Counties, including Gallatin, Hendersonville, Portland, Lafayette, Lebanon, Westmoreland, and surrounding communities. Known for their education-focused, relationship-driven approach, they help clients navigate real estate decisions with confidence. TN LIC #357218, #357228.