Tennessee Code Annotated
Tenn. Code Ann. § 66-5-202 (2026)
Required disclosures or disclaimers
✓ current as of May 2026
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 property, including any material defects known to the owner. Such disclosure form may be as included in this part and must include all items listed on the disclosure form required pursuant to this part. The disclosure form shall contain a notice to prospective purchasers and owners that the prospective purchaser and the owner may wish to obtain professional advice or inspections of the property. The disclosure form shall also contain a notice to purchasers that the information contained in the disclosure are the representations of the owner and are not the representations of the real estate licensee or sales person, if any. The owner shall not be required to undertake or provide any independent investigation or inspection of the property in order to make the disclosures required by this part; or
- (2) A residential property disclaimer statement stating that the owner makes no representations or warranties as to the condition of the real property or any improvements thereon and that purchaser will be receiving the real property "as is," that is, with all defects which may exist, if any, except as otherwise provided in the real estate purchase contract. A disclaimer statement may only be permitted where the purchaser waives the required disclosure under subdivision (1). If the purchaser does not waive the required disclosure under this part, the disclosure statement described in subdivision (1) shall be provided in accordance with the requirements of this part.
Acts 1994, ch. 828, § 2.
Notes of Decisions
Cited in 20
cases (6 in the last 5 years), 2000–2026 · leading case: Robin Lee Stanfill v. John T. Mountain, 301 S.W.3d 179 (Tenn. 2009).
Robin Lee Stanfill v. John T. Mountain, 301 S.W.3d 179 (Tenn. 2009). “5 owner’”) (second set of brackets in original) (quoting Tenn. Code Ann. § 66-5-202 (2003). To support their motion for summary judgment, Mr.”
Robinson v. Currey, 153 S.W.3d 32 (Tenn. Ct. App. 2004). “§ 66-5-202 (2003). Tennessee Code Annotated § 66-5-204 provides, in pertinent part, that “[t]he owner shall not be hable for any error, inaccuracy or omission of any information delivered pursuant to this part if: (1) The error, inaccuracy or omission was not within the actual…”
Goodale v. Langenberg, 243 S.W.3d 575 (Tenn. Ct. App. 2007). “The court then informed the jurors of the statutory duties imposed on a real estate agent and the disclosure and disclaimer requirements imposed by Tennessee Code Annotated § 66-5-202. (2086-88) The trial court also instructed the jury to “grant the remedy that will reasonably…”
Russell v. Bray, 116 S.W.3d 1 (Tenn. Ct. App. 2003). “”); Tenn.Code Ann. § 66-5-202(1) (2002) (stating “[t]he disclosure form shall contain a notice to prospective purchasers and owners that [they] .”
Carey v. Merritt, 148 S.W.3d 912 (Tenn. Ct. App. 2004). “§ 66-5-202(1) (2002) (stating “the disclosure form shall contain a notice to prospective purchasers and owners that [they] .”
Harold Oliver v. Todd Pulse (Tenn. Ct. App. 2020). “OPINION Background and Procedural History The gravamen of this action is whether a real estate licensee has a duty to advise his or her client/seller to disclose to a buyer of improved real property known material defects other than those specifically listed on the Disclosure…”
Jamie Paul Ledbetter & wife, Charlene Ledbetter v. Donald L. Schacht, 395 S.W.3d 130 (Tenn. Ct. App. 2012). “3 Tenn.Code Ann. § 66-5-202(1). However, the form must contain notice that the information contained in the disclosure statement constitutes the representations of the owner, and not the real estate licensee or sales person, if any.”
Josh Holland v. Edward M. Forester (Tenn. Ct. App. 2017). “As part of the closing process, the sellers executed a Tennessee Residential Property Condition Disclosure form on February 22, 2012, pursuant to the TRPDA, Tenn. Code Ann. § 66-5-202 . A place on the disclosure form asked “Are you (seller) aware of any defects/malfunctions in…”
Kenneth Fulmer v. Jeffrey Follis (Tenn. Ct. App. 2018). “” Tenn. Code Ann. § 66-5-202 (1). 2 The one-time event occurred during a rainstorm when water entered through a hole in a room at the back of the east wall.”
David Simpkins v. John Maher Builders, Inc. (Tenn. Ct. App. 2022). “Whether Tony Maher admitting to Spring Hill Police Detective Robert Carden that he was aware that there was mold in the property but did not disclose this information in the Tennessee Residential Property Condition “Disclosure Form” as required by Tenn. Code Ann. § 66-5-202 is a…”
Gail Gottesman v. Todd Hecker (Tenn. Ct. App. 2026). “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.”
Ursula Daniels v. George Basch (Tenn. Ct. App. 2005). “Tenn.Code Ann. § 66-5-202 (emphasis added).”
— Tenn. Code Ann. § 66-5-202(1) — 3 cases
Russell v. Bray, 116 S.W.3d 1 (Tenn. Ct. App. 2003). “”); Tenn.Code Ann. § 66-5-202(1) (2002) (stating “[t]he disclosure form shall contain a notice to prospective purchasers and owners that [they] .”
Carey v. Merritt, 148 S.W.3d 912 (Tenn. Ct. App. 2004). “§ 66-5-202(1) (2002) (stating “the disclosure form shall contain a notice to prospective purchasers and owners that [they] .”
Jamie Paul Ledbetter & wife, Charlene Ledbetter v. Donald L. Schacht, 395 S.W.3d 130 (Tenn. Ct. App. 2012). “3 Tenn.Code Ann. § 66-5-202(1). However, the form must contain notice that the information contained in the disclosure statement constitutes the representations of the owner, and not the real estate licensee or sales person, if any.”
— Tenn. Code Ann. § 66-5-202(2004) — 1 case
Goodale v. Langenberg, 243 S.W.3d 575 (Tenn. Ct. App. 2007). “The court then informed the jurors of the statutory duties imposed on a real estate agent and the disclosure and disclaimer requirements imposed by Tennessee Code Annotated § 66-5-202. (2086-88) The trial court also instructed the jury to “grant the remedy that will reasonably…”
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