Practice Area
Failure to Disclose Attorney in Tennessee
You bought the house, moved in, and found the problem the seller never mentioned — the foundation, the water in the basement, the septic that does not work. A failure-to-disclose claim is about a known material defect that should have been on the disclosure and was not. I represent buyers chasing those claims after closing.
This page covers a focused service. For the broader editorial practice area, see Real Estate Disputes in Tennessee.
Known, material, and should have been disclosed
These claims trace back through the seller's representations, the listing, the inspection record, and the disclosure forms Tennessee requires. The whole case turns on three things: was the condition known to the seller, was it material, and should it have been disclosed. The defects that drive them are foundation and structural issues, undisclosed water intrusion or mold history, septic and well problems, prior insurance claims, and material zoning or use restrictions the buyer never saw.
The disclosure act, the fraud overlay, and the clock
Tennessee residential sales are generally governed by the Tennessee Residential Property Condition Disclosure Act, which requires sellers to disclose known material defects — and where a disclosure was made falsely, common-law fraud and misrepresentation claims come in on top of it. The statute-of-limitations question turns on when the buyer knew or should have known of the defect, so documenting the discovery early protects both the claim and the leverage for a pre-suit demand. If you have just found something that should have been on the form, that timing matters.
Service area
Statewide advice; trial representation in Sumner, Wilson, Robertson, Trousdale, Williamson, and Davidson Counties.
How to start
Send the disclosure forms, listing materials, inspection report, and a short summary of the defect and how it was discovered. Response generally within one business day.
Related services
The information on this page is provided for general educational purposes only and is not legal advice. Laws change and facts matter; every situation is nuanced. If you would like the office to evaluate your specific facts, please share the basics below and we will be in touch.
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