Tennessee Code Annotated

Tenn. Code Ann. § 66-5-208 (2026)

Remedies for misrepresentation or nondisclosure

✓ current as of May 2026

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(a) The purchaser's remedies for an owner's misrepresentation on a residential property disclosure statement shall be either:
- (1) An action for actual damages suffered as a result of defects existing in the property as of the date of execution of the real estate purchase contract; provided, that the owner has actually presented to a purchaser the disclosure statement required by this part, and of which the purchaser was not aware at the earlier of closing or occupancy by the purchaser, in the event of a sale, or occupancy in the event of a lease with the option to purchase. Any action brought under this subsection (a) shall be commenced within one (1) year from the date the purchaser received the disclosure statement or the date of closing, or occupancy if a lease situation, whichever occurs first;
- (2) In the event of a misrepresentation in any residential property disclosure statement required by this part, termination of the contract prior to closing, subject to § 66-5-204; or
- (3) Such other remedies at law or equity otherwise available against an owner in the event of an owner's intentional or willful misrepresentation of the condition of the subject property.

(b) No cause of action may be instituted against an owner of residential real property subject to this part for the owner's failure to provide the disclosure or disclaimer statement required by this part. However, such owner would be subject to any other cause of action available in law or equity against an owner for misrepresentation or failure to disclose material facts regarding the subject property that exists on July 1, 1994.

(c) No cause of action may be instituted against a closing agent or closing attorney for the failure of an owner to provide the disclaimer or disclosure required by this part or for any misrepresentations made by a seller on the disclosure form supplied to the purchaser pursuant to this part.

(d)
- (1) No cause of action may be instituted against a real estate licensee for information contained in any reports or opinions prepared by an engineer, land surveyor, geologist, wood destroying inspection control expert, termite inspector, mortgage broker, home inspector, or other home inspection expert. A real estate licensee may not be the subject of any action and no action may be instituted against a real estate licensee for any information contained in the form prescribed by § 66-5-210, unless the real estate licensee is signatory to such.
- (2) Nothing in this subsection (d) shall be construed to exempt or excuse a real estate licensee from making any of the disclosures required by § 62-13-403, § 62-13-405 or § 66-5-206, nor shall it be construed to remove, limit or otherwise affect any remedy provided by law for such a failure to disclose.

(e) The failure of an owner to provide a purchaser the disclosure or disclaimer required by this part shall not have any effect on title to property subject to this part and the presence or absence of such disclosure or disclaimer is not a cloud on title and has no effect on title to such property.

Acts 1994, ch. 828, § 8; 2003, ch. 263, § 1.

Notes of Decisions

Cited in 14 cases (2 in the last 5 years), 1999–2026 · leading case: Jamie Paul Ledbetter & wife, Charlene Ledbetter v. Donald L. Schacht, 395 S.W.3d 130 (Tenn. Ct. App. 2012).

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Jamie Paul Ledbetter & wife, Charlene Ledbetter v. Donald L. Schacht, 395 S.W.3d 130 (Tenn. Ct. App. 2012). · cites it 14× “” Tenn. Code Ann. § 66-5-208 (d)(2). One of those referenced statutes, § 62-13-403, is found within the Tennessee Real Estate Broker License Act of 1973, which provides: A licensee who provides real estate services in a real estate transaction shall owe all parties to the…”

Travis Goodman v. Kathy Jones Kelly (Tenn. Ct. App. 2008). · cites it 12× “Buyers argue that they did not plead a violation of Tenn. Code Ann. § 66-5-208 (2004) of the Tennessee Residential Property Disclosures Act; however, the trial court treated the case as one under the Act.”

Gail Gottesman v. Todd Hecker (Tenn. Ct. App. 2026). · cites it 3× “See Tenn. Code Ann. § 66-5-208 . In her second amended complaint, Ms.”

James R. Haynes, III v. Leslie E. Lunsford (Tenn. Ct. App. 2017). · cites it 2× “” Tenn. Code Ann. § 66-5-208 (d)(2). One of those referenced statutes, § 62-13-403, is found within the Tennessee Real Estate Broker License Act of 1973, which provides: A licensee who provides real estate services in a real estate -9- transaction shall owe all parties to the…”

Debeora D. Whitfield v. Holly Thrasher Schroeder (Tenn. Ct. App. 2017). · cites it 2× “Whitfield’s civil warrant from general sessions court alleged breach of contract, but during opening statements at trial in circuit court, her attorney also asserted that Landlord’s failure to disclose pertinent facts meant that the contract could be voided pursuant to Tennessee…”

Darrin M. Dixon v. Alan Wayne Chrisco (Tenn. Ct. App. 2018). · cites it 2× “Tenn. Code Ann. § 66-5-208 (a)(1). Because the Dixons were aware of the right-of-way by their observation of the railroad, as well as receiving notice through the Chriscos’ deed and their own deed, the Chriscos are not liable under the TRPDA.”

Harold Oliver v. Todd Pulse (Tenn. Ct. App. 2020). · cites it 2× “Section 62-13-403 provides, in relevant part: A licensee who provides real estate services in a real estate transaction shall owe all parties to the transaction the following duties, except as provided otherwise by § 62-13-405, in addition to other duties specifically set forth…”

Harjes v. Russell (Tenn. Ct. App. 1999). · cites it 4× “Was this action barred by the statute of limitations set forth at T.C.A. § 66-5-208? 1 Mrs. Russell is a widow.”

Raymond Konop v. James Henry (Tenn. Ct. App. 2010). · cites it 2× “-5- Tenn. Code Ann. § 66-5-208 (d)(2) provides that “[n]othing in this subsection (d) shall be construed to exempt or excuse a real estate licensee from making any of the disclosures required by § 62-13-403, § 62-13-405 or § 66-5-206, nor shall it be construed to remove, limit…”

Kevin Orndorff & wife, Marguerite Orndorff v. Edward Ron Calahan & wife, Diane R. Calahan (Tenn. Ct. App. 2008). · cites it 2× “Tenn. Code Ann. § 66-5-208 . It also describes circumstances when errors or omissions do not create liability.”

Brian & Candy Chadwick v. Chad Spence (Tenn. Ct. App. 2003). · cites it 2× “Tenn. Code Ann. § 66-5-208 (b). Instead, an owner who fails to provide a disclosure statement is simply “subject to any other cause of action available in law or equity against an owner for misrepresentation or failure to disclose material facts regarding the subject property.”

Josh Holland v. Edward M. Forester (Tenn. Ct. App. 2017). “§ 66-5-208(a)(1). At the close of proof, the trial court clarified an important point in the following discussion: 6 THE COURT: Am I accurate in my recollection that no estate [for Mr.”

Show all 14 citing cases →

— Tenn. Code Ann. § 66-5-208(a)(1) — 3 cases

Israel v. Williams (Tenn. Ct. App. 2000).

Harjes v. Russell (Tenn. Ct. App. 1999). “Was this action barred by the statute of limitations set forth at T.C.A. § 66-5-208? 1 Mrs. Russell is a widow.”

— Tenn. Code Ann. § 66-5-208(d) — 1 case

Jamie Paul Ledbetter & wife, Charlene Ledbetter v. Donald L. Schacht, 395 S.W.3d 130 (Tenn. Ct. App. 2012). “” Tenn. Code Ann. § 66-5-208 (d)(2). One of those referenced statutes, § 62-13-403, is found within the Tennessee Real Estate Broker License Act of 1973, which provides: A licensee who provides real estate services in a real estate transaction shall owe all parties to the…”

— Tenn. Code Ann. § 66-5-208(d)(1) — 1 case

— Tenn. Code Ann. § 66-5-208(d)(2) — 1 case

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