Property Condition Disclosure Dispute Attorney in Tennessee

The Act, codified at Tenn. Code Ann. §§ 66-5-201 et seq., requires residential sellers to provide a disclosure form covering material conditions and known defects, and the disputes turn on what was known, what was checked or left blank, and what the seller's actual obligation was. There is a hard timing rule: a buyer's claim under the Act generally has to be brought within one year after the buyer receives the disclosure statement or the date of closing or occupancy, whichever comes first (Tenn. Code Ann. § 66-5-208). Where the form is alleged to have been completed falsely, common-law fraud and misrepresentation claims overlap and can run on a different clock.

On the seller side, the Act is not a strict-liability trap. The 'as-is' posture, the exempted-transaction categories, and the question of actual knowledge are all real defenses. And a number of transfers fall outside the Act entirely — foreclosure or trustee transfers, fiduciary and co-owner transfers, family transfers, court-ordered and government transfers, and certain new-construction sales. Which exemption or defense fits is fact-specific, and it is usually the first thing I sort out before anyone argues about the defect itself.

Statewide advice; trial representation in Sumner, Wilson, Robertson, Trousdale, Williamson, and Davidson Counties.

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