If you're selling a Tennessee home without a listing agent, the document with the most legal weight isn't your price sheet. It's the Tennessee Residential Property Condition Disclosure required by T.C.A. § 66-5-210. On this form you tell buyers, item by item, what you actually know about the roof, foundation, plumbing, drainage and flood history of a home with one to four dwelling units. Filled in carefully, it protects you. Filled in carelessly, it becomes the first exhibit in a buyer's complaint.
Each legal point below is tied to the section of Tennessee Code Annotated, Title 66, Chapter 5, Part 2 where it appears.
This is a plain-English guide, not legal advice. For anything unusual about your property, a Tennessee real estate attorney is worth the hour.
Tennessee's Disclosure Law in 60 Seconds
Plain answer: Under T.C.A. § 66-5-210, most owners selling a home with one to four dwelling units must give the buyer a written disclosure of what they actually know about the home's systems, structure and environmental or legal issues.
The rule is part of the Tennessee Residential Property Disclosure Act, T.C.A. § 66-5-201 et seq. It covers sales, exchanges, installment land contracts and leases with an option to buy, including single-family houses, condos, duplexes, triplexes and fourplexes. Assume it applies to you until you've confirmed an exemption.
- Who: every owner on title, FSBO sellers included.
- What: a disclosure that follows § 66-5-210. A disclaimer is allowed only if the buyer waives disclosure in writing.
- When: before the buyer is bound by the purchase agreement, with written updates if facts change before closing.
Actual knowledge means what you really know, not what an investigation might have turned up. A material defect is a problem serious enough to affect value or a reasonable buyer's decision. The form is not a warranty and doesn't replace an inspection.
Disclosure vs. Disclaimer vs. Exemption
Tennessee law gives sellers three paths. Most FSBO sellers will use the first.
| Path | Statute | When usable | Who must agree | FSBO risk |
|---|---|---|---|---|
| Disclosure statement | § 66-5-210 (form); § 66-5-202 (duty) | Default for covered 1–4 unit transfers | Seller completes; buyer acknowledges receipt | Low if answered honestly |
| Disclaimer statement | § 66-5-202 | Only when the buyer waives disclosure in writing | Buyer signs the waiver | High without a valid written waiver |
| Exemption | § 66-5-209 | Only for transfer types the statute lists | No buyer consent needed | Moderate. A wrong exemption means no compliant disclosure |
Source: Tennessee Code Annotated, Title 66, Chapter 5, Part 2.
"As-is" is not a fourth path. It describes your stance on price and repairs and leaves the disclosure duty in place. Some older summaries describe a broader as-is disclaimer option, but that is out of date: the current § 66-5-202 requires the buyer's written waiver.
Property Condition Disclosure Exemptions in Tennessee (§ 66-5-209)
Plain answer: § 66-5-209 exempts specific transfers, such as court-ordered sales, foreclosures, fiduciary sales, family and co-owner transfers, government transfers and certain new construction. A typical owner-occupant FSBO sale doesn't qualify.
The categories, paraphrased from § 66-5-209:
- Transfers under a court order, such as probate, bankruptcy or partition
- Foreclosures, or a deed in lieu of foreclosure given to a lender
- Transfers by a fiduciary administering an estate, guardianship, conservatorship or trust
- Transfers from one co-owner to one or more other co-owners
- Transfers to a spouse or to relatives in the lineal line
- Transfers between spouses as part of a divorce or legal separation
- Transfers resulting from unpaid property taxes
- Transfers to or from a governmental entity
- Never-occupied new construction, if the builder provides a written warranty (§ 66-5-209(9))
- Sales where the owner hasn't lived in the property at any time in the three years before the transfer
Exemption doesn't free you from everything. Under § 66-5-212, exempt sellers may still have to disclose known sinkholes and certain septic and percolation information. Federal law, 42 U.S.C. § 4852d, requires sellers of pre-1978 housing to give a lead-based paint disclosure and the EPA pamphlet Protect Your Family From Lead in Your Home, and to offer the buyer a chance to inspect, typically 10 days. A state exemption doesn't waive this.
Your honesty duty also remains. If an executor watched the basement flood every spring for ten years, the fiduciary exemption doesn't let them hide it, because common-law misrepresentation claims fall outside the statute.
Where FSBO Sellers Can Lawfully Get the Form
Plain answer: The required disclosure content is public law, printed in § 66-5-210. The RF201 form that most websites link to is copyrighted by Tennessee REALTORS® and restricted to licensed users.
A third-party site posting an RF201 PDF doesn't give you a license to use it. You aren't required to use RF201 anyway. Three lawful options:
- Prepare one from the statutory text in § 66-5-210. Follow its questions and structure exactly, and don't add commentary that reads like a warranty.
- Have a Tennessee real estate attorney prepare it. Sensible if you have septic, sinkhole, lawsuit or unpermitted-work issues.
- Get licensed forms through a brokerage, including a flat-fee MLS service.
ResultsMLS is a flat-fee MLS listing service, so we have a commercial interest in the third option. Whichever route you take, the statutory duties stay with you as the owner.
Line-by-Line: How to Answer the Form
The statutory form groups its questions into three parts, and most questions offer Yes, No and Unknown columns.
Part A: Appliances, Systems and Services
Appliances and systems. Does each item work today? That includes the range, dishwasher, HVAC, water heater, and smoke and CO alarms. If something is broken or you've never tested it, mark it that way.
Common trap: checking "working" for an attic fan you haven't switched on in years.
Water and sewage. Say whether you're on public water or a well, and on public sewer or septic. For septic, find the permit. TDEC's Division of Water Resources or your county health department may have it.
Common trap: assuming that because the street has sewer, your house is connected to it.
Part B: Structure and Improvements
Roof. The form asks the roof's age and whether you know of leaks, defects or repairs. If you can only estimate the age, write "approximately."
Foundation, walls, floors and basement. Report settlement, cracks and water penetration or dampness. Seasonal basement moisture is common in Middle and East Tennessee. If you've seen it, disclose it.
Common trap: mentioning the dehumidifier but not why you bought it.
Unpermitted work and siding. The form asks about additions or alterations made without permits, and about synthetic stucco (EIFS). Your county or city codes office can confirm which permits were pulled.
Common trap: leaving out a previous owner's sunroom that you know was never permitted.
A repair doesn't make a condition disappear. Describe repaired items in three parts:
- What happened: "Water entered the basement at the northeast corner during heavy rain."
- What was done, by whom, when: "Exterior drain and sump installed by a licensed contractor, March 2023."
- What you've observed since: "No water entry observed since installation."
Line three reports what you've seen, not a promise the fix will last. Attach the invoice.
Part C: Environmental, Legal and Other
Sinkholes, soil and drainage. Karst limestone underlies much of Middle and East Tennessee. Disclose any sinkholes, settling, soil movement or drainage problems you know about, plus any percolation test results (§ 66-5-212). If an old survey labels a dip on your Murfreesboro lot as a sinkhole and it has never given you trouble, you still know it's there, so you disclose it.
Flood zone and flooding. Look up your official designation on FEMA's Flood Map Service Center. Then answer separately whether the property has actually flooded. Homes outside mapped zones near the Cumberland, Harpeth or Stones River can still have a history of water.
Environmental hazards. The statutory form asks about hazards such as lead-based paint, radon and asbestos. Past methamphetamine lab use falls under general disclosure duties and state quarantine laws, and Tennessee keeps a public list of quarantined clandestine drug lab properties. EPA's radon zone map shows elevated potential in parts of East and Middle Tennessee. If you have a radon test result, disclose it.
Legal and association items. Easements, encroachments, zoning violations, pending lawsuits, HOA or PUD dues, special assessments and sewer moratoriums all belong here.
Common trap: leaving out an approved special assessment that hasn't been billed yet.
Yes, No or Unknown?
Plain answer: Mark Yes or No when you actually know the answer and Unknown only when you genuinely don't. Under § 66-5-204, you're generally not liable for errors outside your actual knowledge. Under § 66-5-202, you have no duty to inspect.
| Your situation | Mark | Why |
|---|---|---|
| You know about it, now or in the past | Yes, with an explanation | Actual knowledge triggers disclosure |
| You know it isn't present | No | Only with a real basis for saying so |
| You have no knowledge either way | Unknown | Protected under § 66-5-204 when true |
"No" states a fact. It isn't a shortcut for "I've never looked."
The § 66-5-204 safe harbor covers statutory liability only. Tennessee courts also recognize fraudulent concealment and intentional and negligent misrepresentation, and those claims can reach a seller who marks Unknown while knowing the truth.
Where careful sellers get caught
Failed contracts. Say a buyer's inspector finds crawl-space moisture in your Knoxville house and the buyer walks away. Having read that report, you can't honestly mark those items Unknown for the next buyer. You can disclose the problem and attach the report, repair it and document the work, or get a licensed contractor's second opinion and disclose both findings. Appraisal notes, insurance inspection letters and HOA violation notices count the same way.
Co-owners. Each signature speaks to that owner's own knowledge. Have each owner review the form separately. If any one marks Yes on an item, the final form says Yes. When owners disagree, record it: "Owners differ on whether the 2022 repair resolved the leak."
Rentals. You don't have to inspect, but your maintenance requests and repair invoices are part of what you know. Review them before filling out the form. Request your free CLUE report, which lists past insurance claims; a buyer's insurer will see that history anyway.
Disclosure vs. the Purchase Agreement
These are separate documents, and contract language can't repair a weak disclosure. An as-is clause or reliance-on-inspection clause affects repairs and price, but courts generally won't let either shield a seller who knowingly misstated a material defect. Read the contract's inspection terms alongside your disclosure, and make sure the contract acknowledges the buyer received the disclosure. That acknowledgment is your proof of timely delivery.
Does a Flat-Fee MLS Listing Change Who Must Disclose?
Plain answer: No. The duty follows the deed, not the listing. Sections 66-5-201 and 66-5-202 put the obligation on the owner, however the home is marketed.
| How you sell | Who signs | How buyers receive it | Who carries the duty |
|---|---|---|---|
| FSBO, no MLS | Every owner on title | You hand it over | Owner |
| Flat-fee MLS listing | Every owner on title | Attached to MLS listing documents | Owner |
| Full-service listing | Every owner on title | Listing agent distributes it | Owner |
Source: Tennessee Code Annotated, Title 66, Chapter 5, Part 2.
A flat-fee listing changes only delivery. Buyers' agents on RealTracs, the East Tennessee REALTORS® MLS or MAAR in Memphis can pull your completed form before writing an offer, which makes timely delivery easier to prove.
Frequently Asked Questions
Can I sell my house as-is in Tennessee without a disclosure?
Only if the buyer waives disclosure in writing. In that case you can give a disclaimer under T.C.A. § 66-5-202 instead. "As-is" describes your price and repair position. It doesn't exempt you from the disclosure law.
Do I have to disclose a death or crime in the house?
Generally, no. Under T.C.A. § 66-5-207, a homicide, felony or suicide on the property, or an occupant's HIV/AIDS status, isn't a material fact you must disclose. Answering a buyer's direct question falsely is a separate legal risk, so don't.
Is a disclosure required for FSBO sales in Tennessee?
Yes. Owners of residential property with one to four dwelling units must provide the disclosure, or a disclaimer backed by the buyer's written waiver, unless a § 66-5-209 exemption applies.
Can I use the RF201 form if I'm selling by owner?
RF201 is copyrighted by Tennessee REALTORS® and restricted to licensed users. You can prepare a disclosure that follows § 66-5-210, have an attorney prepare one, or get forms through a licensed flat-fee brokerage.
Do I have to disclose problems I fixed years ago?
If the form asks about past conditions or repairs and you know of them, yes. Describe what was fixed and when, and attach the invoices.
Does a flat-fee MLS service change who fills out the disclosure?
No. The owner completes it in every case. A flat-fee service attaches your completed form to the listing documents.
Before You Sign
Choose your legal path first: a full disclosure under § 66-5-210, a disclaimer backed by the buyer's written waiver, or an exemption that genuinely applies under § 66-5-209. Then pull your records, including repair invoices, septic permits, flood zone status, HOA documents and old inspection reports, and fill out the form with them open in front of you. Deliver it before the buyer is bound, get a signed acknowledgment, and update it in writing if anything changes before closing.
A careful disclosure won't make the house perfect, but it makes the sale cleaner and easier to defend later. Write it down, date it, keep a copy.
This is a plain-English guide, not legal advice. If anything about your property is unusual, talk to a Tennessee real estate attorney.