This part applies only with respect to transfers by sale, exchange, installment land sales contract or lease with option to buy residential real property consisting of not less than one (1) nor more than four (4) dwelling units, including site-built and nonsite-built homes, whether or not the transaction is consummated with the assistance of a licensed real estate broker or salesperson. The disclosure statement referenced in § 66-5-202 is not a warranty of any kind by a seller and is not a substitute for inspections either by the individual purchasers or by a professional home inspector. The disclosure required by this part shall be provided to potential buyers for their exclusive use and may not be relied upon by purchasers in subsequent transfers from the original purchaser who received the property disclosure. The required disclosure shall be given in good faith by the owner or owners of property that is being transferred and shall be subject to the requirements of this part.
Acts 1994, ch. 828, § 1; 2000, ch. 771, § 1.
Notes of Decisions
Cited in
26
cases (
4 in the last 5 years), 1997–2026 · leading case:
Robinson v. Currey, 153 S.W.3d 32 (Tenn. Ct. App. 2004).
Robinson v. Currey, 153 S.W.3d 32 (Tenn. Ct. App. 2004).
· cites it 7× “, and the Tennessee Residential Property Disclosures Act, Tenn.Code Ann. § 66-5-201 et. seq. Plaintiffs later conceded the Tennessee Consumer Protection Act did not apply to Defendants.”
Ganzevoort v. Russell, 949 S.W.2d 293 (Tenn. 1997).
· cites it 4× “The provisions of Tenn. Code Ann. §§ 66-5-201 to 66-5-210 (Supp.”
Patel v. Bayliff, 121 S.W.3d 347 (Tenn. Ct. App. 2003).
· cites it 2× “Tenn.Code Ann. § 66-5-201 etseq. 3 . This section of the Restatement is entitled "Negligent Misrepresentation.”
Russell v. Bray, 116 S.W.3d 1 (Tenn. Ct. App. 2003).
· cites it 2× “See Tenn. Code Ann. § 66-5-201 (2002) (stating the statutorily required disclosure statement “is not a warranty of any kind by a seller and is not a substitute for inspections either by the individual purchasers or by a professional home inspector.”
Goodale v. Langenberg, 243 S.W.3d 575 (Tenn. Ct. App. 2007).
“The code provides: With regard to transfers described in § 66-5-201, the owner of the residential property shall furnish to a purchaser one of the following: (1) A residential property disclosure statement in the form provided in this part regarding the condition of the…”
Carey v. Merritt, 148 S.W.3d 912 (Tenn. Ct. App. 2004).
“§ 66-5-201 (2002) (stating the statutorily required disclosure statement “is not a warranty of any kind by a seller and is not a substitute for inspections either by the individual purchasers or by a professional home inspector.”
Harold Oliver v. Todd Pulse (Tenn. Ct. App. 2020).
· cites it 7× “W2019-00750-COA-R3-CV ___________________________________ This appeal requires us to determine the scope of a real estate licensee’s duty under the Tennessee Residential Property Disclosures Act codified at Tennessee Code Annotated § § 66-5-201 et seq. to advise their client to…”
Darrin M. Dixon v. Alan Wayne Chrisco (Tenn. Ct. App. 2018).
· cites it 4× “Tenn. Code Ann. §§ 66-5-201 to -202. 2 The Dixons’ warranty deed expressly mentions the right-of-way seven times.”
Jordan v. Pritchard (Bankr. E.D. Tenn. 2021).
· cites it 4× “The Court does not have a copy of the original state-court complaint, but in the first amended state-court complaint, dated July 30, 2020, the Jordans recited the same facts that the Court summarized above and asserted four causes of action: fraudulent misrepresentation and…”
Gail Gottesman v. Todd Hecker (Tenn. Ct. App. 2026).
· cites it 4× “Whether the trial court erred by granting summary judgment to the Heckers when their actions allegedly violated the Tennessee Residential Property Disclosures Act, codified at Tennessee Code Annotated § 66-5-201, et seq. -5- 3. Whether the trial court erred by granting summary…”
Gerald McDaniel v. Edwin Frazier, III (Tenn. Ct. App. 2025).
· cites it 2× “00 In accordance with Tennessee Code Annotated section 66-5-201,2 the McDaniels prepared a Tennessee Residential Property Conditions Disclosure (the “Disclosure Statement”) regarding the Property on September 17, 2020.”
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