Tennessee Code Annotated
Tenn. Code Ann. § 66-5-204 (2026)
Liability for errors or omissions - Experts' reports
✓ current as of May 2026
- (a) The owner shall not be liable 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 knowledge of the owner or was based upon information provided by public agencies or by other persons providing information as specified in subsection (b) that is required to be disclosed pursuant to this part, or the owner reasonably believed the information to be correct; and
- (2) The owner was not grossly negligent in obtaining the information from a third party and transmitting it.
- (b) The delivery by a public agency or other person, as described in subsection (c), of any information required to be disclosed by this part to a prospective purchaser shall be deemed to comply with the requirements of this part, and shall relieve the owner of any further duty under this part with respect to that item of information.
- (c) The delivery by the owner of a report or opinion prepared by a licensed engineer, land surveyor, geologist, wood destroying insect control expert, contract or other home inspection expert, dealing with matters within the scope of the professional license or expertise, shall satisfy the requirements of subsection (a) if the information is provided to the owner pursuant to request therefor, whether written or oral. In responding to such a request, an expert may indicate, in writing, an understanding that the information provided will be used in fulfilling the requirements of this part and, if so, shall indicate the required disclosure or portions thereof, to which the information being furnished is applicable. Where such a statement is furnished, the expert shall not be responsible for any items of information, or portions thereof, other than those expressly set forth in this statement.
Acts 1994, ch. 828, § 4.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 2004–2026 · 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). “” Tenn. Code Ann. § 66-5-204 (a) (2004). The Trial Court found, in its January 21, 2003, Memorandum and Judgment that “there is absolutely no evidence to *38 show that [Defendants] knew of the existence of the mold or any extensive water damage.”
Tony Mize v. Victor Mark Consulo (Tenn. Ct. App. 2011). “Sellers further argue that the trial court erred in failing to apply Tenn. Code Ann. § 66-5-204 ,5 part of the Residential Property Condition Disclosure provisions, and in holding that an innocent error by Sellers constituted a breach of contract.”
Gail Gottesman v. Todd Hecker (Tenn. Ct. App. 2026). “Tennessee Code Annotated § 66-5-204 addresses the seller’s liability with regard to the required disclosures, stating that the seller is not responsible for any “error, inaccuracy or omission” in the disclosure form if: (1) The error, inaccuracy or omission was not within the…”
Josh Holland v. Edward M. Forester (Tenn. Ct. App. 2017). “§ 66-5-204(a). The statute further provides that a buyer who was aware of a defect before the earlier of closing or occupancy cannot recover for damages suffered as a result of the defect.”
Tenn. Code Ann. § 66-5-204(a): 1 case
Josh Holland v. Edward M. Forester (Tenn. Ct. App. 2017). “§ 66-5-204(a). The statute further provides that a buyer who was aware of a defect before the earlier of closing or occupancy cannot recover for damages suffered as a result of the defect.”
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