A San Francisco seller once disclosed a 35-year-old foundation issue that had been fully repaired years earlier. The buyer moved in, and within days, a neighbor mentioned it during a welcome visit — with a version of the story that made it sound far worse than it was. Two years and a lawsuit later, an arbitrator sided with the buyer. The original disclosure had been accurate. It didn't matter. The seller lost anyway, in legal fees and a payout, over something that had already been fixed and fully disclosed years before.
That's the risk of disclosure done halfway, or done defensively instead of thoroughly. Your neighbors will talk to your buyer. The only question is whether your paperwork said it first.
What Tennessee Actually Requires
Under the Tennessee Residential Property Disclosure Act (TCA § 66-5-201 et seq.), sellers of most 1–4 unit residential properties have two options:
- Complete a Property Condition Disclosure — answer the state form in good faith, based on what you actually know
- Provide a Property Condition Disclaimer — sell "as is," with no representations — but only if the buyer agrees to waive the disclosure
Most buyers don't waive it. So in practice, nearly every Nashville seller fills out the Disclosure.
🏡 Crawford Insider: We always recommend a pre-listing home and termite inspection, even when it's not required. It gives you a professional opinion to lean on, and it doubles as documentation that you disclosed in good faith — which matters if a buyer ever challenges you later.
Where Sellers Actually Get Into Trouble
The form covers the obvious stuff — roof, HVAC, foundation, plumbing. Sellers usually get that part right. Where things go sideways is the category most people don't think to mention:
- Neighborhood nuisances — airport flight paths, chronic noise, odor from a nearby facility, ongoing disputes with a neighbor
- Environmental hazards — known contamination, a documented meth lab history (checkable through TDEC's Registry of Contaminated Properties and TBI's Meth Offender Registry)
- Sinkholes and drainage — Tennessee law specifically calls out sinkhole disclosure and any known soil or percolation issues
- HOA/PUD status — if the property is in a planned unit development, sellers must disclose that and provide the governing documents on request
None of these show up on a home inspection. They show up when the new owner meets the neighbors.
What You're Not Required to Disclose
Tennessee's law also carves out a few specific things sellers don't have to volunteer — worth knowing so you don't over-disclose out of anxiety:
- Whether an occupant had HIV or another condition not transmissible through normal occupancy
- Whether the home was the site of a death, suicide, or felony
This is sometimes called the "stigmatized property" exemption, and it's one of the more Tennessee-specific parts of the law.
Why This Matters More Than It Feels Like It Does
If a buyer later proves you knew about something material and didn't disclose it, the Act gives them up to one year from the date they received your disclosure (or closing/occupancy, whichever came first) to sue. Remedies can include the cost of repairs, and in some cases, attorney's fees and court costs on top of that.
The form only protects you if it's actually complete. A rushed or defensive disclosure creates the same exposure as no disclosure at all.
The Bottom Line
Fill out the form like the buyer is going to hear the full story anyway — because they usually do, from someone standing in their new driveway. Disclosing more, and disclosing early, isn't the risk. Leaving something out and hoping it doesn't come up is.
FAQs
Do I have to disclose a bad neighbor when selling my Nashville home?
If it rises to the level of a documented dispute, ongoing nuisance, or something that's affected your enjoyment of the property, yes — Tennessee's disclosure law covers neighborhood nuisances, not just the physical condition of the home.
Can I sell my Tennessee home "as is" without disclosing anything?
Only if the buyer agrees to waive their right to the disclosure form. Most buyers won't, so in practice almost every seller completes the standard disclosure.
How long can a buyer sue me after closing for something I didn't disclose?
Up to one year from the date they received your disclosure statement, or from closing or occupancy — whichever happened first.
Do I have to disclose a death that happened in the house?
No. Tennessee law specifically exempts sellers from disclosing deaths, suicides, felonies, or an occupant's HIV status.
Selling in Nashville and not sure what belongs on your disclosure? We'll walk through it with you line by line — no guessing, no over-sharing, no gaps.
Reach Out to James and Stephanie →Related reading: Why Your Nashville Home Isn't Selling (And What Actually Fixes It)
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James & Stephanie Crawford — Nashville natives with 22+ years and 500+ closings, Nesting Realty.
