Selling a house in Tennessee: the paperwork

Every document a Tennessee sale commonly touches, who usually produces it, and the law behind it. In most sales the seller's own share is small, and this page shows you which part that usually is.

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4documents are usually the seller's
out of 10 in a Tennessee sale

Usually the seller's to produce

4

In most sales nobody else prepares these. Whether each one applies to you depends on your home, your title, and your buyer.

  • TN Residential Property Condition Disclosure (statutory form § 66-5-210)Pre-listing / seller's disclosure packet
  • TN Residential Property Condition Disclaimer (buyer waiver) (§ 66-5-202(2))Pre-listing / attached to the purchase agreement
  • Sinkhole / § 66-5-212 disclosuresIn the purchase agreement itself / seller's disclosure packetOn your list because has there been mold, structural repair, or environmental testing here
  • Federal lead-based paint disclosure (pre-1978)Attached to the purchase agreementOn your list because was the home built before 1978

Usually drafted for you to sign

1

These commonly arrive already written. Read them, and ask about anything that looks wrong before you sign.

  • PUD / condominium disclosure (§ 66-5-213; § 66-27-502)In the HOA resale packageOn your list because is the home in an hoa, condo, or co-op

Usually somebody else's to prepare

5

Commonly handled by a title company, an attorney, a lender, or the county. Listed so none of them is a surprise.

  • Deed (warranty/special warranty; quitclaim)Recorded with the county after closing
  • Oath of consideration / transfer tax intakeRecorded with the county after closing
  • Payoff statement / deed of trust releaseIn the title/escrow closing packetOn your list because is the home owned by a trust, llc, or company
  • 1099-SFiled with a government agency post-closing
  • Notarial certificate / RONIn the title/escrow closing packet

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What catches Tennessee sellers out

The things people find out late here. None of this is a ruling on your sale, and every one of them ends with somebody who can actually answer it for you.

A disclaimer only works if the buyer agrees to it

Tennessee lets a seller give a disclaimer instead of a property condition disclosure, but that generally depends on the buyer waiving the disclosure. It is not a choice the seller makes alone. Form packs often present it as if it were.

The rule behind it
Tenn. Code Ann. § 66-5-201 et seq.
Who can answer it
A Tennessee attorney or your closing agent, before you sign anything.

Sinkhole disclosure survives a disclaimer

Tennessee has a separate obligation about known sinkholes that generally applies whether or not a disclaimer was used. A 2024 amendment broadened when it applies. This part of the state sits on karst, so it comes up more often than people expect.

The rule behind it
Tenn. Code Ann. § 66-5-212; amended 2024 ch. 510
Who can answer it
A Tennessee attorney, and your own records of anything you have seen on the land.

How Tennessee generally runs a sale

The broad shape of a sale there, as the research found it. Counties and cities add their own rules on top of all of this.

Closing model — title company OR attorney; not mandatory attorneyTennessee permits both. UPL is governed by Tenn. Code Ann. § 23-3-101 et seq.; the Tennessee Supreme Court in *Petition of Burson*, 909 S.W.2d 768, 776 (Tenn.
Marital-property regime — common law (NOT community property)
Homestead / spousal joinderHomestead exemption T.C.A. § 26-2-301. Recent change (2021 Pub. Ch. 301, eff. Jan. 1, 2022): the exemption is now $35,000 for an individual and up to $52,500 combined for individuals who joi...
Tenancy by the entiretyRecognized (T.C.A. § 66-1-109); both spouses must sign to convey TBE property — the Tennessee spousal-signature mechanism.
Standard deed typeWarranty deed and special (limited) warranty deed; quitclaim. Statutory forms/warranty language T.C.A. § 66-5-103 (statutory covenants), § 66-5-102, § 66-5-104.
Disclosure regime — statutory disclosure OR disclaimer (with buyer waiver)T.C.A. § 66-5-201 et seq. (Tennessee Residential Property Disclosure Act).
Death disclosure — no liabilityT.C.A. § 66-5-209 protects sellers/agents from liability for failure to disclose a death or other specified non-material facts on the property.
Transfer tax — comparatively high, split by conventionT.C.A. § 67-4-409: realty transfer tax $0.37 per $100 (0.37%) of the greater of consideration or value; indebtedness (mortgage) tax $0.115 per $100 (first $2,000 exempt).
No state income taxHall income tax (on interest/dividends) repealed effective 2021; no state non-resident seller withholding. FIRPTA still applies to foreign sellers.
RON status — since July 1, 2019Online Notary Public Act, T.C.A. § 8-16-301 et seq. Verify current Secretary of State registration and any 2023–2026 amendments.
Recording act — noticeT.C.A. § 66-26-103 (unrecorded instrument void as to subsequent BFPs/creditors without notice); recorded with the Register of Deeds in each county (T.C.A. § 66-24-101).
Notable overlaysSinkhole/karst (middle TN); TVA-managed shoreline; termite letters by convention; radon (EPA Zone 1 counties).

Other things Tennessee asks about

These come up in Tennessee and almost nowhere else. We don't ask them above because we can't answer them for you yet, but they're worth raising with your title company.

  • TN-4: Do you want to use the disclosure or seek a buyer waiver + disclaimer? → § 7
  • TN-6: Is this new construction (implied warranty of habitability)? → § 6

Before you rely on any of this

This is a compilation of published state requirements, not legal advice, and no lawyer has reviewed it or your sale. Laws and forms change, counties and cities add their own rules, and whether any of this applies to you depends on facts we don't know. Treat every item as a starting point for a question, not as an answer. Confirm anything you plan to rely on against the official source we link, and run your list past a title company or an attorney licensed in your state.

These counts describe a typical sale, not yours. Which documents you need turns on facts about your home, your title, your buyer, and your county, and one unusual answer can add several or remove them.

Who prepares each document is what usually happens, not a rule. Practice differs between states, between counties, and between one title company and the next, and your contract can move work from one side to the other.

Keighbor is not a real estate brokerage and does not represent you. Nobody here is your agent. We don't negotiate, set your price, recommend a course of action, or take a commission. We provide software that helps you organize your side of the sale.

The full Tennessee reference

The rest of the research, with every citation kept. This is the same material our own product is built on, and nothing is held back for paying customers. It describes the law as the research found it, not as it applies to your sale.

ALWAYS-required documents

Deed + oath of consideration

  • Citation: T.C.A. § 66-5-103 (covenant/warranty language), § 66-24-101 (recording); an oath/statement of consideration or value is required on conveyance deeds. Ownership [ATTORNEY]/[TITLE/ESCROW]; appearance: Recorded with the county after closing.
  • Contents: parties, consideration, legal description, granting/warranty words, grantor signature acknowledged; sworn value statement for transfer-tax computation.
  • Consequences: Register of Deeds collects transfer tax before recording; unrecorded deed void as to subsequent BFPs (§ 66-26-103).
  • Official: statutes https://www.capitol.tn.gov (Tennessee Code); Register of Deeds directory via county sites.

TN Residential Property Condition Disclosure (or Disclaimer)

  • Citation: T.C.A. § 66-5-201 et seq.; statutory form content in § 66-5-210. Ownership [SELLER]; appearance: Pre-listing / seller's disclosure packet. See § 7 for the disclosure-vs-disclaimer election.
  • Official: Tennessee Real Estate Commission https://www.tn.gov/commerce/regboards/trec.html; statute https://law.justia.com/codes/tennessee/title-66/chapter-5/part-2/.

Transfer/indebtedness tax

  • Citation: T.C.A. § 67-4-409 — realty transfer tax $0.37/$100; indebtedness tax $0.115/$100 (first $2,000 exempt). Collected by the Register of Deeds at recording.

SOMETIMES-required documents (triggered)

Trigger — Known sinkhole

T.C.A. § 66-5-212(c): the seller must, prior to entering into a contract, disclose in the contract or in writing (with acknowledgment of receipt) the presence of a known sinkhole. Recent change: amended by 2024 Tenn. Acts ch. 510, § 1 (eff. July 1, 2024) so the disclosure applies "regardless of whether the sinkhole is indicated through the contour lines on the property's recorded plat map" (broadening the pre-2024 rule, which was tied to the recorded plat). "Sinkhole" is defined as a subterranean void created by dissolution of limestone/dolostone strata causing surface subsidence. See Baker v. Baskin (Tenn. Ct. App., Dec. 30, 2024) construing seller knowledge.

Trigger — Percolation/soil-absorption tests; foundation move; exterior injection well

T.C.A. § 66-5-212 (a)/(b) require written disclosure of known percolation/soil-absorption test results determined or accepted by TDEC, whether a single-family residence has been moved from an existing foundation, and the presence of any known exterior injection well.

Trigger — PUD / condominium

§ 66-5-213 requires disclosure that the property is in a PUD and, on request, provision of the restrictive covenants/bylaws/master deed. Condominiums under the Tennessee Condominium Act of 2008 (T.C.A. § 66-27-201 et seq.; disclosure Part 5, §§ 66-27-501–507): under § 66-27-502/503, the association must, within 10 business days of a written (or electronic) request, furnish declaration/bylaws/rules, budget, reserves, assessment balances (including totals more than 60 days past due), insurance, litigation status, and declarant-control status. There is no fixed-day buyer rescission for ordinary owner-to-owner resales; the only statutory cancellation right is the declarant-noncompliance rescission under § 66-27-505(b) (a prospective buyer may rescind, or extend closing to 10 business days after delivery, if a declarant in control fails to deliver the required information within 10 business days of request or 10 business days before closing), with penalties ($250/$500) and cost/fee shifting under § 66-27-505(a). Tennessee has no comprehensive HOA resale-certificate statute for non-condo subdivisions (the proposed "Tennessee Homeowners Association Act," SB 405, is not enacted as of this edition); HOA disclosure at the state level runs through the general § 66-5-201 et seq. Act (esp. § 66-5-213).

Trigger — New construction

Implied warranty of habitability recognized in Dixon v. Mountain City Construction Co., 632 S.W.2d 538 (Tenn. 1982) (builder-vendor). The disclosure act exempts certain new-construction transfers accompanied by a written warranty.

Trigger — Foreign seller

FIRPTA (federal § 10); no Tennessee closing-stage withholding.

Prescribed-language items (substance-over-form)

§ 66-5-202 disclosure OR disclaimer (with buyer waiver)

  • Operative substance: § 66-5-202 requires the owner to furnish the purchaser one of: (1) a residential property disclosure statement in the statutory form, disclosing the condition and any known material defects, with a notice that the information is the owner's representation (not the licensee's) and that parties may wish to obtain professional advice/inspections; OR (2) a residential property disclaimer statement 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." Critically, the statute provides that "[a] disclaimer statement may only be permitted where the purchaser waives the required disclosure under subdivision (1)." If the purchaser does not waive, the disclosure statement must be provided.
  • Where/when: § 66-5-203 — before or at the time the buyer signs the purchase and sale agreement. If delivered after the contract, § 66-5-208 gives the buyer a 3-business-day rescission right (from receipt).
  • How Realtor/attorney forms handle it: Tennessee REALTORS® form RF 201 (Residential Property Condition Disclosure) and companion disclaimer/exemption-notification forms embed the statutory language and the § 66-5-212/213 add-ons. A FSBO must reproduce the statutory disclosure form (the § 66-5-210 content) or obtain a written buyer waiver plus a compliant disclaimer statement; the statutory content — including the sinkhole, foundation-move, percolation, injection-well, and PUD items — must be present. Recent change: the § 66-5-210 form was amended by 2024 Tenn. Acts ch. 860, § 2 (eff. May 1, 2024) (condominium § 66-27-502 notice). Verify current form edition at the Tennessee Real Estate Commission before use.

§ 66-5-209 death/non-fact disclosure (duty does NOT exist)

  • Operative substance: § 66-5-209 provides that the fact that a property was the site of a homicide, suicide, natural death, or other death (and certain other stigmatizing facts) is not a material fact requiring disclosure; failure to disclose such a fact creates no liability. State affirmatively that this duty does NOT exist in Tennessee.

Local / municipal overlays

Not exhaustive — notable examples include:

  • Nashville / Davidson County — Metropolitan (consolidated) Government; local recording/permit practices.
  • Memphis / Shelby County — blight/vacant-property programs; local ordinances.
  • TVA-managed shorelines / Tennessee & Cumberland Rivers and TVA lakes — dock/shoreline use permits and TVA Section 26a approvals for shoreline structures; permit transfer at sale, and possible survey to the ordinary-high-water-mark / Corps boundary.
  • Middle-TN karst belt — heightened sinkhole/§ 66-5-212 relevance.
  • Transfer/indebtedness tax rates are uniform statewide under § 67-4-409 (no separate local transfer tax); a $1.00 probate/recording fee and per-page recording fees apply by county. (A 2025 legislative proposal, HB649/SB1080, discussed returning a share of collections to counties but did not change the $0.37 rate — verify status.)

Post-closing obligations

  • Recording with the Register of Deeds (§ 66-24-101); realty transfer + indebtedness taxes collected at recording (§ 67-4-409).
  • Release/satisfaction of the deed of trust by the lender of record.
  • 1099-S (federal, § 10).
  • No state income tax return / no state non-resident withholding reconciliation.

Federal overlays (cross-reference)

See 01-methodology-v2.md § 8 for the full federal overlay set: Title X lead-based paint (pre-1978); FIRPTA (26 U.S.C. § 1445); 1099-S (26 U.S.C. § 6045(e)); wire-fraud advisory; Fair Housing Act (42 U.S.C. § 3601); RESPA/TRID.

FinCEN Residential Real Estate Rule (31 CFR 1031.320) — currently suspended. The Rule was effective March 1, 2026, but the U.S. District Court for the Eastern District of Texas vacated it nationwide on March 19, 2026 in Flowers Title Companies, LLC v. Bessent. FinCEN filed an appeal to the Fifth Circuit on May 11, 2026. A conflicting Middle District of Florida decision, Fidelity National Financial, Inc. v. Bessent, No. 3:25-cv-554-WWB-SJH (M.D. Fla.) (Feb. 19–20, 2026), upheld the Rule. Net effect for Tennessee closing agents: no filing obligation pending the Fifth Circuit appeal. Recheck currency before quoting.

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