FSBO Tennessee Disclosure Requirements for Sellers

You’re about to list your home yourself and need to know exactly what Tennessee law forces you to hand over. In 2026 the state still requires a Seller’s Property Disclosure Statement for most residential sales, plus a handful of specialty disclosures (lead‑paint, radon, and homeowners‑association rules). Missing any of these can stall the closing, cost you a fine, or expose you to a lawsuit. Below is the practical, step‑by‑step guide you can act on right now.

Quick‑Answer Overview (40‑60 words)

Tennessee law obligates you to give the buyer a completed Tennessee Residential Property Disclosure Form (TNR‑102) before signing a contract, plus separate lead‑paint, radon, and HOA disclosures when applicable. Verify any county‑specific add‑ons with the local register of deeds or a real‑estate attorney. Failure to provide any required form can delay escrow by 3-7 days or trigger a $500‑$1,000 penalty.

Core Disclosure Forms You Must Provide

How to Obtain the Forms

1. Visit TREC’s forms page and download Form TNR‑102.
2. Download the EPA lead‑paint PDF from epa.gov/lead.
3. Request the latest radon test result from your local health department or hire a certified tester.
4. Ask your HOA for a copy of the CC&Rs and any pending rule changes.

Step‑by‑Step Checklist for a Legal FSBO Sale

1. Confirm Exemption Status , Determine if your property qualifies for the “as‑is” exemption (new construction, estate sale, or if you sign a “no‑disclosure” addendum accepted by the buyer).
2. Gather Property History , Collect repair invoices, permits, and past inspection reports.
3. Complete Form TNR‑102 , Answer every question truthfully; use “N/A” only when a question truly does not apply.
4. Prepare Specialty Disclosures , Lead‑paint, radon, HOA, and any local environmental notices.
5. Provide Copies to Buyer , Deliver all disclosures at least 48 hours before the buyer signs the purchase agreement.
6. Keep Signed Copies , Retain a signed copy for your records and for the title company.
7. Confirm Receipt , Ask the buyer’s agent or attorney to acknowledge receipt in writing.

What Happens If You Miss a Disclosure?

• Escrow Delay: Title companies will hold the deed until the missing form is supplied, typically adding 3-7 days.
• Financial Penalty: Tennessee can assess a $500‑$1,000 fine for each omitted required disclosure.
• Legal Exposure: The buyer may sue for damages if the omitted fact later causes a loss, potentially costing you the entire earnest money deposit plus attorney fees.

How Sellable Can Help

Sellable (sellabl.app) offers a streamlined listing desk that automatically stores your completed disclosures, sends them to buyers on schedule, and logs acknowledgments. It does not replace legal advice, but it keeps the paperwork organized so you avoid missed deadlines.

Quick Reference Table

Verify Local Nuances

• County Register of Deeds: Some counties require an additional “County-Specific Property Condition” addendum. Call the clerk’s office in your county to confirm.
• Real‑Estate Attorney: A 30‑minute consult (often $150‑$250) can pinpoint any obscure local statutes, especially in historic districts.
• Title Company: Ask them to run a “disclosure compliance check” during escrow; they will flag any missing items.

---

Frequently Asked Questions

1. Do I have to give the Tennessee Property Disclosure if I sell “as‑is”?
Yes, unless the buyer signs a written “no‑disclosure” addendum that both parties agree to, which is rare. Most “as‑is” sales still require the form.

2. My home was built in 1980. Do I still need a lead‑paint disclosure?
No, the federal lead‑paint rule applies only to homes built in or before 1978. You can skip that specific disclosure.

3. How far in advance must I provide the radon report?
Provide it at least 48 hours before the purchase agreement is signed. If you conduct a new test, allow 1‑2 days for results.

4. I’m in a HOA that doesn’t have a website. How do I get the required documents?
Contact the HOA management company or board secretary directly and request the latest CC&Rs and any pending rule changes. Document the request in email for proof.

5. Can I use Sellable to send disclosures to a buyer who is represented by an agent?
Yes. Sellable’s platform lets you upload the completed PDFs and email a secure link to the buyer’s agent, who can then forward it to their client and sign the acknowledgment.