Selling a home in Clarksville involves more than preparing the property, setting a price, and accepting an offer. You also need to understand Tennessee real estate laws governing property disclosures, lease transparency, inspections, and known defects.
What are the Tennessee disclosure requirements when selling a home? For most residential properties with one to four dwelling units, Tennessee law generally requires the owner to provide the buyer with either a written Residential Property Condition Disclosure or an approved property disclaimer when the buyer waives the disclosure. The information must be provided in good faith and should accurately reflect the seller’s actual knowledge of the property.
This guide explains what Clarksville homeowners should know in 2026. It is general educational information, not legal advice. For questions involving a specific property or transaction, consult a qualified Tennessee real estate attorney and your licensed real estate professional.
Tennessee’s Residential Property Disclosure Act
The Tennessee Residential Property Disclosure Act is found in Tennessee Code Annotated §§ 66-5-201 through 66-5-213. It generally applies to residential property transfers involving one to four dwelling units, including:
- Traditional sales
- Exchanges
- Installment land contracts
- Leases with an option to purchase
- Site-built and non-site-built residential homes
Under Tenn. Code Ann. § 66-5-202, the owner typically provides one of two documents.
1. Residential Property Condition Disclosure
The disclosure statement addresses the condition of the property and known material defects. The seller must answer the form in good faith based on the seller’s actual knowledge.
A seller is not required to order a new inspection or conduct an independent investigation solely to complete the form. However, that does not permit a seller to intentionally conceal a known problem, misstate an answer, or ignore a material change discovered before closing.
2. Residential Property Disclaimer
A seller may provide an “as-is” disclaimer stating that the owner makes no representations or warranties about the property’s condition and that the buyer will accept the property with all defects that may exist.
This option is not automatic. The buyer must waive the right to receive the disclosure statement. If the buyer does not waive that right, the seller generally must provide the completed disclosure form instead.
An “as-is” sale also does not provide a safe harbor for fraud, intentional misrepresentation, or concealment of known facts. Buyers should review the purchase agreement carefully and consider professional inspections before proceeding.
What Must Be Disclosed About the Property?
The current 2026 Tennessee Residential Property Condition Disclosure form asks sellers to address a broad range of conditions and property features. The form used in a transaction may ask whether the seller knows of problems involving:
- Roof, foundation, floors, walls, ceilings, windows, and doors
- Plumbing, electrical, heating, cooling, and water-heating systems
- Water intrusion, flooding, drainage, or grading problems
- Fire, earthquake, flood, landslide, or other structural damage
- Termites and other wood-destroying insects
- Asbestos, radon, lead-based paint, fuel tanks, or contaminated soil or water
- Septic systems, wells, sewer connections, and percolation tests
- Unpermitted additions, alterations, or repairs
- Zoning, setback, code, or land-use violations
- Easements, encroachments, shared driveways, and boundary concerns
- HOA or condominium obligations, fees, and special assessments
- Lawsuits, notices of abatement, or citations affecting the property
- Leased equipment or systems
- Sinkholes and exterior injection wells
- Planned Unit Development status
- Whether a residence has been moved from its original foundation
The seller should gather available records before completing the form. Helpful documents may include repair invoices, warranties, permits, insurance claim information, termite contracts, septic records, surveys, and HOA documents.
If you do not know the answer, do not guess. Use the appropriate “unknown” response or discuss the question with your agent and attorney.
When Should the Disclosure Be Delivered?
The 2026 Tennessee Residential Property Condition Disclosure form states that sellers should provide the disclosure before acceptance of a purchase contract. This gives buyers an opportunity to review the information before committing to the transaction.
Sellers should also understand that disclosure obligations do not necessarily end when the form is signed. If the property experiences a material change before closing, the seller should disclose the change or certify that the property’s condition remains substantially the same.
Examples may include:
- A new roof leak
- Water intrusion after a storm
- HVAC failure
- New pest damage
- Damage caused during the seller’s move
- A new notice, citation, or assessment affecting the property
Your Haus agent can help you track updates and communicate them through the appropriate transaction documents. Do not rely on an old disclosure if the condition of the home has changed.
What Is Not Usually Required Under the Disclosure Act?
Tennessee law includes limited provisions addressing certain facts that are not required disclosures under the Residential Property Disclosure Act. These may include whether a prior occupant had HIV or another disease not likely to be transmitted through occupancy, or whether the property was the site of certain deaths or felonies that did not affect the physical structure.
These provisions are specific and should not be interpreted broadly. If a buyer asks a direct question about a property’s history, discuss the appropriate response with your licensed real estate professional and attorney.
A fact that is not required on the statutory disclosure form may still create legal concerns if a seller makes a false statement or intentionally conceals a material physical condition.
2026 Changes: What Clarksville Sellers Should Know
As of 2026, the core Tennessee Residential Property Disclosure Act remains focused on the same basic framework: most sellers of one- to four-unit residential properties must provide a condition disclosure or use a disclaimer only after the buyer waives the disclosure.
The more significant 2026 development for everyday sellers is the use of updated transaction forms and continued emphasis on specific property questions. The current Tennessee Residential Property Condition Disclosure form, RF201-7, includes detailed questions about sinkholes, septic-system issues, planned developments, moved residences, environmental hazards, and property alterations.
The form also reiterates that:
- The disclosure represents the seller’s knowledge
- It is not a warranty
- It is not a substitute for a professional inspection
- The seller is not required to repair every disclosed condition
- Repair obligations must be negotiated in the purchase agreement
- The seller must report material changes before conveyance
Some transactions may be exempt from the standard disclosure requirement, including certain public auctions, court-ordered transfers, foreclosures, bankruptcies, qualifying family or co-owner transfers, and some new-construction sales supported by written warranties. Exemptions can be fact-specific, so confirm them before assuming a form is unnecessary.
Lease Transparency Under TCA § 66-28-302
If you are selling a Clarksville home that is currently rented, property-condition disclosure is only part of your responsibility. You should also maintain accurate lease and tenant-contact documentation.
Under TCA § 66-28-302, landlords or people authorized to enter into rental agreements must provide tenants with written information identifying the agent authorized to manage the premises and the owner or authorized agent who can receive legal notices and service of process. The information must be kept current.
For active lease agreement documentation, include the true name and physical address of the property owner or authorized management agent, along with the required current contact information. Do not use an informal business name, outdated manager, or incomplete mailing address in place of the legally required identifying information.
This lease transparency requirement is separate from the Residential Property Disclosure Act. It does not replace disclosure of known physical defects, and a buyer who purchases a tenant-occupied property should receive accurate information about existing leases, deposits, notices, maintenance responsibilities, and tenant communications.
If you manage vacation or short-term rental property, additional Tennessee rules may apply. Affiliate brokers and brokers acting as designated agents for vacation lodging service firms operate under the direct supervision of the firm’s principal broker, in compliance with Tennessee Senate Bill 1786.
Linda’s Haus Perspective for Sellers
Linda, a Haus agent, offers this practical guidance to Clarksville homeowners:
“Start your disclosure before the property goes on the market. When sellers take time to gather repair records and answer questions carefully, buyers can evaluate the home with clearer expectations and fewer surprises.”
That preparation can make the selling process more efficient. It may also help your agent identify repairs, documentation gaps, or inspection concerns before they affect negotiations.
For additional preparation ideas, review Haus’s guide to essential home maintenance for Tennessee homeowners and buying a home in Tennessee.
Clarksville Seller Disclosure Checklist
Before listing your home, you should:
- Download or obtain the current Tennessee disclosure form.
- Review the roof, foundation, systems, drainage, and environmental questions.
- Gather records for repairs, renovations, permits, warranties, and insurance claims.
- Locate surveys, septic documents, HOA information, and land-use records.
- Tell your agent about known defects before marketing begins.
- Avoid guessing when an answer is unknown.
- Provide the disclosure before acceptance of the purchase contract.
- Update the disclosure if the property’s condition materially changes.
- Keep lease documents accurate if the property is tenant-occupied.
- Consult an attorney if you are relying on an exemption or considering an as-is sale.
Frequently Asked Questions
Does every Tennessee seller have to complete a disclosure form?
No. The law includes exemptions for certain types of transfers. However, sellers should verify that an exemption applies before skipping the disclosure process.
Is the Tennessee disclosure form a warranty?
No. It reflects the seller’s knowledge and is not a substitute for a professional home inspection, specialized evaluation, or warranty.
Can a buyer waive the Tennessee disclosure?
A buyer may be able to waive the disclosure and accept an approved disclaimer. Buyers should understand the consequences before signing a waiver, and sellers should use the appropriate transaction documents.
What if a seller discovers a problem after completing the form?
The seller should notify the appropriate parties and update the disclosure if the issue is a material change in the property’s condition before closing.
Does an “as-is” sale eliminate all seller responsibility?
No. An as-is provision does not generally excuse fraud, intentional misrepresentation, or concealment of known material facts. The contract and circumstances determine the legal effect.
Final Takeaway
Tennessee real estate laws require Clarksville homeowners to approach disclosures carefully and honestly. For most one- to four-unit residential properties, you should be prepared to provide a condition disclosure or use a disclaimer only when the buyer properly waives the disclosure.
Disclose known material defects, preserve supporting records, update the information when necessary, and maintain accurate owner and management-agent details in active lease documentation under TCA § 66-28-302.
Ask Haus about Tennessee real estate rules before you buy or sell. Our experienced team can help you understand the practical steps involved in preparing, marketing, negotiating, and closing your Tennessee property transaction.
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