If you are preparing to sell a home in Clarksville or elsewhere in Tennessee, you will likely encounter the Tennessee Residential Property Condition Disclosure.
This document gives a buyer information about the property’s known condition before the buyer commits to the purchase. It is an important part of a Tennessee home sale, but it is not a warranty, not a guarantee that every problem has been found, and not a replacement for a professional inspection.
For most Tennessee residential sales involving one to four dwelling units, sellers must provide either a written property condition disclosure or follow the legal process for using a disclaimer. Understanding the difference can help you prepare your home, organize your records, and avoid preventable surprises during negotiations.
What does the Tennessee Residential Property Condition Disclosure require?
The Tennessee Residential Property Condition Disclosure generally requires a seller to answer questions about the property’s condition based on the seller’s actual knowledge and in good faith.
The form commonly addresses items such as:
- Roof age, condition, and known leaks
- Foundation, basement, crawlspace, floors, walls, and ceilings
- Plumbing, electrical, heating, and cooling systems
- Water intrusion, flooding, drainage, and grading
- Termites and other wood-destroying insects
- Fire, storm, hail, or other property damage
- Septic systems, wells, and sewer connections
- Environmental concerns, including radon, asbestos, or lead-based paint
- Zoning, setback, and code concerns
- Easements, encroachments, shared driveways, and access
- Homeowners association obligations
- Unpermitted additions, repairs, or improvements
- Leased equipment, pending claims, notices, or known disputes
A seller is generally expected to disclose known material defects. A material defect is a condition that could affect the property’s value, desirability, safety, or a reasonable buyer’s decision to purchase.
You are not required to know everything about the home. Tennessee law generally does not require you to conduct an independent investigation or obtain an inspection solely to complete the disclosure. However, you should answer honestly, avoid guessing, and provide explanations when the form allows or when additional context is important.
What are Clarksville sellers most likely to miss?
Older housing stock and changing weather conditions make certain disclosure issues especially important in Clarksville.
Before listing, review your records and your home carefully for:
Deferred maintenance
A long-postponed repair may become a material condition if it affects the home’s function, safety, or value. Examples include deteriorated siding, failing gutters, damaged flooring, rotted trim, foundation drainage concerns, or a crawlspace that regularly becomes damp.
Storm and hail damage
Clarksville homes may have a history of wind, hail, or severe-weather damage. Review insurance claims, contractor invoices, roof warranties, and repair records. If a roof, siding, windows, fencing, or other components were damaged and repaired, keep documentation available for the disclosure packet.
Prior water intrusion
Past water intrusion should not be overlooked simply because the area is currently dry. Think about roof leaks, plumbing leaks, basement or crawlspace moisture, flooding, drainage problems, mold connected to a known moisture source, or repeated water entry after heavy rain.
HVAC age and service history
Buyers commonly ask how old the heating and cooling equipment is and whether it has been serviced. If you know the approximate age, recent repairs, replacement history, or recurring problems, organize those details before completing the form.
A pre-listing inspection can help identify issues you may not have noticed. It does not transfer responsibility for unknown conditions to the seller, but it can give you more time to repair, document, disclose, or price around an issue.
What is the difference between a disclosure and a disclaimer?
A disclosure provides the buyer with the seller’s known information about the property’s condition. It is completed in good faith and is intended to help the buyer evaluate the property before entering into a binding agreement.
A disclaimer is different. It generally states that the seller makes no representations or warranties about the property’s condition and that the buyer will receive the property “as is,” subject to the purchase agreement.
A disclaimer is not simply a sentence a seller can add to a listing. Under Tennessee’s Residential Property Disclosure Act, the buyer must generally waive the right to receive the disclosure before the seller may use the disclaimer process.
Even an “as-is” transaction does not give a seller permission to conceal known material defects, make false statements, or commit fraud. Separate legal requirements may also apply, including federal lead-based paint requirements for qualifying homes built before 1978.
If you are unsure whether a disclaimer is appropriate for your transaction, consult a Tennessee real estate attorney.
When must the disclosure be provided?
For a covered transaction, the disclosure should be delivered before the buyer accepts the purchase agreement or before the agreement becomes binding.
This timing matters. The disclosure is intended to give the buyer an opportunity to consider known conditions before committing to the purchase, rather than receiving important information for the first time at closing.
Providing the disclosure early also gives you a chance to answer questions, supply supporting records, and address concerns before they become late-stage negotiation issues.
You should also update the disclosure if the property’s condition materially changes before closing. For example, you may need to notify the buyer if:
- The HVAC system fails
- A new roof or plumbing leak develops
- Storm damage occurs
- A previously repaired issue returns
- A major system is replaced
- New information changes an earlier answer
Do not assume that the original form remains accurate if something important changes after the buyer receives it.
Are some Tennessee property transfers exempt?
Tennessee law provides exemptions from the standard disclosure requirement for certain types of transfers. The exact exemption depends on the facts and documentation involved.
Examples may include:
- Certain foreclosure, trustee, or lender-related transfers
- Court-ordered or involuntary transfers
- Some bankruptcy-related transfers
- Certain public auction sales
- Transfers by fiduciaries, such as executors, administrators, trustees, guardians, or conservators
- Some transfers between spouses, family members, or co-owners
- Transfers connected to divorce or legal separation
- Certain estate or probate transactions
- The first sale of qualifying new construction that has never been occupied
- Certain transfers where the owner has not occupied the property and lacks actual knowledge of its condition
An estate sale is not automatically exempt simply because the seller is an estate. A new home is not automatically exempt in every circumstance simply because it is newly built. The statutory requirements and facts of the transaction must be reviewed carefully.
Even if a transaction qualifies for an exemption, the seller should not conceal known defects or provide inaccurate information. Documenting the reason for an exemption and retaining it in the transaction file is a prudent step.
For the statutory text, review Tennessee Code Annotated § 66-5-201 et seq., Residential Property Disclosures, consulted September 29, 2026. This article is an educational summary, not a substitute for legal advice.
How does unpermitted work affect the disclosure?
Unpermitted work can affect value, financing, insurance, inspections, and future resale. It may include:
- A finished garage or basement
- An added bedroom or bathroom
- A converted carport
- A detached structure
- A deck, addition, or enclosed porch
- Major electrical, plumbing, mechanical, or HVAC work
- Renovations completed without required approvals
If you know or reasonably believe that work was not permitted, do not describe it as permitted. Gather invoices, contractor records, permits, inspection reports, photographs, and notices before listing.
You may need to decide whether to:
- Seek a retroactive permit or approval.
- Correct or remove noncompliant work.
- Disclose the condition and sell as-is.
- Adjust the price or negotiate a credit based on the buyer’s anticipated cost and risk.
Haus provides additional Clarksville guidance in its article on what sellers should know about unpermitted work and Tennessee disclosures.
How Haus prepares a disclosure packet before listing
Randy Whetsell, Principal Broker at Haus Realty & Management, recommends treating the disclosure as part of the pre-listing preparation process rather than as a form completed at the last minute.
Haus’s preparation approach includes:
- Reviewing the current disclosure form with the seller
- Creating a list of known repairs, leaks, system issues, and prior damage
- Gathering permits, invoices, warranties, inspection reports, and insurance records
- Reviewing roof and HVAC ages when available
- Identifying possible unpermitted work or code concerns
- Discussing whether a pre-listing inspection would be useful
- Organizing supporting documents so buyers can evaluate the information clearly
- Confirming whether updates are needed before closing
Randy’s practical advice is straightforward: “The goal is not to make the disclosure look perfect. The goal is to make it accurate, organized, and understandable before buyers begin asking questions.”
That preparation can help you make better decisions about repairs, pricing, staging, and negotiation.
Does the disclosure replace a home inspection?
No. Tennessee’s disclosure law states that the disclosure is not a warranty and is not a substitute for an inspection by the buyer or a professional home inspector.
A buyer may still request or obtain:
- A general home inspection
- A termite inspection
- A radon test
- A sewer scope
- A septic or well inspection
- A roof evaluation
- An HVAC evaluation
- Additional inspections based on the property’s age and features
The disclosure gives the buyer information known to the seller. The inspection gives the buyer an opportunity to investigate the property independently.
Why do mortgage rates matter to disclosure conversations?
Mortgage rates do not change what a seller must disclose, but they can affect how buyers evaluate repairs, concessions, and monthly payment.
Freddie Mac reported an average 30-year fixed mortgage rate of 6.95% for the week ending September 17, 2026. You can review the dated figure in Freddie Mac’s Primary Mortgage Market Survey archive.
At higher rates, buyers may be more sensitive to:
- Deferred maintenance
- Older HVAC equipment
- Roof replacement risk
- Water intrusion
- Inspection repairs
- Seller-paid closing costs
- Interest-rate buydown opportunities
Clear disclosure helps buyers understand the property before making an offer and helps sellers negotiate from accurate information.
A practical Clarksville disclosure checklist
Before listing your home, gather:
- Roof installation and repair records
- HVAC invoices and service history
- Water intrusion and plumbing records
- Insurance claims and storm-damage documentation
- Termite treatment records
- Permits and contractor invoices
- Previous inspection reports
- Septic, well, or sewer records
- HOA documents
- Surveys and easement information
- Warranties for major improvements
- Notices involving code, zoning, or property conditions
Then complete the disclosure based on your actual knowledge. Do not minimize an issue because it has been repaired, and do not guess when you do not know the answer.
For a property-specific preparation plan, you can request a Clarksville home-value analysis or contact Haus to discuss your timing, condition, and selling goals.
The bottom line for Tennessee sellers
The Tennessee Residential Property Condition Disclosure is a good-faith statement about what you know regarding your home’s condition. It is not a warranty, it does not replace a buyer’s inspection, and it does not require you to discover every hidden defect.
For Clarksville sellers, the most commonly overlooked subjects are often practical ones: deferred maintenance, storm and hail damage, prior water intrusion, HVAC age, and unpermitted work.
Prepare the disclosure packet before listing, provide it before the buyer accepts the offer, update it if conditions change, and obtain legal advice when an exemption, disclaimer, estate transfer, or unusual condition creates uncertainty.
This article is for general educational purposes only and is not legal advice. Tennessee laws, forms, and transaction requirements may change. Consult a Tennessee real estate attorney regarding your specific situation.
