Buying & Selling a Home in Tennessee: Disclosure & Deeds

Under Tennessee's Residential Property Disclosure Act, the seller of residential property (1–4 units) generally must give the buyer a residential property disclosure statement describing the property's known condition and defects — or, where allowed, an 'as is' disclaimer. The disclosure is not a warranty and not a substitute for an inspection. To be recorded, a deed must be signed and either acknowledged before a notary or proved by two subscribing witnesses.

This is general information, not legal advice. Tennessee real estate rules change — confirm the current rule on the official sources below, or talk to a Tennessee attorney.

Two things catch people off guard in a Tennessee home sale: the seller’s disclosure duty and what it takes to record the deed.

The seller disclosure (§ 66-5-201)

Under Tennessee’s Residential Property Disclosure Act (T.C.A. § 66-5-201 et seq.), the seller of residential property (1–4 units) generally must give the buyer a residential property disclosure statement describing the property’s known condition and defects. In some situations the law allows a disclaimer instead — an “as is” statement that the seller makes no representations about condition (T.C.A. § 66-5-202).

Keep two limits in mind:

The disclosure is not a warranty. It reflects what the seller actually knows.
It is not a substitute for an inspection. Buyers should still inspect.

Signing and recording the deed (§ 66-22-101)

Title transfers by deed. To be recorded, a deed must be signed and either:

acknowledged before a notary, or
proved by two subscribing witnesses (T.C.A. § 66-22-101).

Where to go next

Once the deed is signed, it gets recorded — see recording and title for how priority works. To choose how buyers will own the property together, see holding title. For more statewide basics, see the real estate hub.

To get matched with a local Tennessee real estate attorney, connect with a lawyer.

Frequently asked questions

Does a Tennessee home seller have to disclose the property's condition?

Generally yes. The seller of residential property of 1–4 units must give the buyer a residential property disclosure statement about the property's known condition and defects, or a disclaimer where allowed (T.C.A. § 66-5-201, § 66-5-202).

Is the disclosure a guarantee about the home?

No. The disclosure statement is not a warranty and is not a substitute for the buyer's own inspection. It reflects what the seller actually knows (T.C.A. § 66-5-201).

What does it take to record a deed in Tennessee?

To be recorded, a deed must be signed and either acknowledged before a notary or proved by two subscribing witnesses (T.C.A. § 66-22-101).

Related guides

How to Hold Title in Tennessee: Survivorship & Entirety Tennessee co-owners hold title as tenants in common (the default) or with a right of survivorship. Tennessee has abolished automatic survivorship in joint tenancy, so survivorship exists only if the deed expressly creates it; otherwise co-owners take as tenants in common. Tennessee does recognize tenancy by the entirety for married couples, which carries survivorship and creditor-protection features.

Recording & Title in Tennessee: Register of Deeds Tennessee deeds are recorded with the county register of deeds. Tennessee is a notice-type recording state: an unregistered instrument is null and void as to creditors and bona-fide purchasers without notice. Among recorded instruments, priority generally follows the order of recording, so recording promptly protects your interest.

Tennessee Condos & HOAs: The Condominium Act Tennessee condominiums are governed by Title 66, Chapter 27 — including the Tennessee Condominium Act of 2008, which covers creation, unit-owner associations, and residential disclosure requirements. Older buildings may fall under the earlier Horizontal Property Act. Homeowners' associations operate under their recorded covenants.

Tennessee Evictions: FED, the 14-Day Notice & Court A Tennessee eviction is a forcible entry and detainer (unlawful detainer) action, usually filed in general sessions court. Under the URLTA, for nonpayment of rent a landlord may give a 14-day notice — if the rent isn't paid within 14 days of receipt, the rental agreement terminates. Self-help eviction is not allowed; the landlord must use the court process.

Tennessee Landlord–Tenant Rules: URLTA & Deposits Tennessee's Uniform Residential Landlord and Tenant Act (URLTA) applies only in counties with a population over 75,000; smaller counties follow common-law and lease terms. Where the URLTA applies and a landlord requires a security deposit, the landlord must hold it in a separate account used only for deposits and tell the tenant where it is kept.