INFORMATION REALTORS® MUST DISCLOSE TO PROPERTY OWNERS ABOUT

THE TENNESSEE PROPERTY CONDITION DISCLOSURE LAW

 

A REALTOR® is required by Law to inform a Property Owner Client of his Rights and Obligations under the Property Condition Disclosure Law.

 

A Property Owner:

 

ü      is required to fill out a Property Condition Disclosure in good faith and to the best of his

     personal knowledge and provide to purchasers prior to acceptance an offer to  purchase.

 

ü      is not required to fill out a Property Condition Disclosure if the transaction is exempt.

 

ü      may elect to give the Purchaser a Disclaimer Statement in lieu of a Property Condition

           Disclosure if the Purchaser will accept it.

 

ü      is not required to personally inspect the property prior to filling out a Property Condition Disclosure.

 

ü      may elect to obtain advice from a Professional or have a professional inspection of his property.

 

ü      has the right to have a qualified property inspector fill out the Property Condition

     Disclosure to assist him in avoiding liability for any errors or omissions if the    

     information is incorrect as to those items completed by a qualified Inspector and he did

     not have actual knowledge of the errors or omissions and was not grossly negligent in

     obtaining the information from the Inspector.

 

ü      is not required to repair anything disclosed on the Property Disclosure unless he

     agrees to do so by contract.

 

ü      is not required to disclose that a property occupant is or was afflicted with HIV or other diseases which have been determined not likely to be transmitted through occupancy of the property.

 

ü      is not required to disclose certain acts or occurrences such as    a homicide, suicide or felony.

 

ü       is required to update the Property Condition Disclosure information during the term of   

            a listing contract.

 

ü       is required to update the Property Condition Disclosure information by an addendum 

            at  the closing.