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.