Selling a Tennessee house “as is” generally means the seller is not agreeing to make repairs. It does not itself decide which Tennessee disclosure document applies. In a covered residential transfer, the owner provides the statutory disclosure statement or, if the purchaser waives it, a disclaimer. Tennessee also lists exempt transfers, and separate written disclosures can still apply.
This guide covers what “as is” means under Tennessee law, what the form asks, who is exempt, how repairs are handled, and what happens if a known defect goes unmentioned.
If a divorce is pending, disclosure paperwork is only one part of the sale. Our Tennessee divorce home-sale guide explains the consent, mortgage and closing-record questions to review with your attorney.
TL;DR
- “As is” allocates repair responsibility; it does not authorize concealment or a false statement. The applicable disclosure, disclaimer and exemption rules still depend on the transfer.
- For a covered Tennessee residential transfer, the owner provides either the disclosure form or a disclaimer that is permitted when the purchaser waives the form.
- You only have to disclose what you actually know. You are not required to hire an inspector or investigate.
- You don’t have to repair anything unless you and the buyer agree to repairs or credits in the contract.
- A buyer can sue for actual damages over a misrepresentation, generally within one year.
Table of Contents
- What “as is” means when you sell in Tennessee
- Does “as is” excuse you from disclosing known defects?
- The two paths: disclosure form or disclaimer
- What the form asks about
- Updating the disclosure after you submit it
- Who is exempt from the disclosure requirement
- As is versus making repairs
- What happens if you don’t disclose a known defect
- A short checklist before you sell as is
- Our perspective on as-is sales
- Compare a direct as-is offer with listing
- FAQ
- Sources
What “as is” means when you sell in Tennessee
A Tennessee disclaimer says the seller makes no representations or warranties about the property’s condition. The buyer takes the property with whatever defects exist. Nolo’s guide to Tennessee seller disclosure obligations describes it this way, and the statute itself uses the same idea: the buyer receives the property “as is,” with all defects which may exist.
As is does not mean the house is falling apart. Plenty of sellers choose it simply because they don’t want to spend money or time on repairs, or because the house is dated, inherited or half-renovated. It describes who takes on the repair work, not how bad the condition is.
Does “as is” excuse you from disclosing known defects?
Not by itself. In a covered transfer, Tennessee law calls for the disclosure form or a buyer-waived disclaimer; enumerated transfers can be exempt. As one Tennessee FSBO checklist puts it describes “as is” as a sale term rather than a disclosure workaround. Use the statute and transaction-specific legal advice to choose the correct document.
Two points keep this manageable:
- You disclose what you know. The statute says the owner does not have to undertake any independent investigation or inspection to make the disclosures. The state’s form says the same: your duty is limited to what you know about material defects when you complete it.
- Good faith matters. The form asks you to answer in good faith to the best of your knowledge.
A quick example: you’ve lived in a Fountain City house for ten years and know the basement gets damp after heavy rain. That goes on the form. You never opened the crawl space and don’t know what’s in there. You’re not required to go look, and you answer “no knowledge” honestly.
The two paths: disclosure form or disclaimer
Under Tenn. Code § 66-5-202, the owner provides one of two things to the buyer: the residential property condition disclosure form, or a residential property disclaimer statement. The disclaimer says the owner makes no representations or warranties about condition and that the buyer receives the property as is.
The disclaimer path generally depends on the buyer agreeing to waive the form. The form is the default. If you want to sell as is with a disclaimer, the buyer has to accept that in writing. Your agent, attorney or title company can confirm the right wording for your contract.
| Disclosure form | Disclaimer (as is) | |
|---|---|---|
| What you give the buyer | A completed form listing known conditions | A statement that you make no representations about condition |
| Buyer’s role | Receives and reviews it | Must accept the disclaimer in place of the form |
| Your repair duty | None unless the contract says so | None unless the contract says so |
| Still required in writing | Known defects as asked on the form | Certain specific conditions (see below) |
What the form asks about
The Tennessee form covers the property’s systems and structure: plumbing, electrical, heating and cooling, roof, foundation, basement or crawl space, drainage and flooding, environmental hazards, and past repairs. It asks about unpermitted work, and it asks about known defects or malfunctions.
Even when a disclaimer or an exemption applies, other written-disclosure statutes may still matter. One Tennessee law firm’s overview summarizes several items. Current Tenn. Code §§ 66-5-212 and 66-5-213 address a known exterior injection well; known percolation-test or soil-absorption results; whether a single-family residence was moved from one foundation to another; a known sinkhole; and whether the property is in a planned unit development. “Foundation movement” is not the wording of the moved-residence item. Confirm the exact requirements for the property and transfer.
For Knoxville-area sellers, the conditions that most often matter are the ones that come with older houses and East Tennessee terrain:
- Foundation cracks or settling
- Crawl-space moisture, wood rot or crawl space damage
- Plumbing problems such as polybutylene or galvanized lines
- Mold after leaks or flooding
- Pest damage, especially termites
- Septic issues on properties outside city sewer lines
- Additions or finished basements done without permits
Updating the disclosure after you submit it
Conditions change. The provider included this update it or certify to the buyer link, but it opens an exemption notification rather than the update rule. Tenn. Code § 66-5-205 says that, at or before closing, an owner must disclose a material change in the property's physical condition or certify that the condition is substantially the same as when the disclosure was provided.
Who is exempt from the disclosure requirement
Not every transfer triggers the form. The Tennessee exemption form lists several categories, including:
- Transfers between co-owners
- Transfers between spouses, such as in a divorce
- Public auctions
- Court-ordered transfers
- Certain foreclosures
- New construction with a written builder warranty
Another commonly cited exemption applies to owners who have not lived on the property within the three years before the sale. That often fits heirs selling an inherited house or landlords selling a rental. Exempt from the form does not mean you can mislead a buyer. If you speak about the property’s condition, what you say still has to be true. If you’re an heir or personal representative, our inherited property guide explains how a sale typically moves forward.
As is versus making repairs
This is the real decision for most sellers. The disclosure form tells the buyer what you know. It does not oblige you to fix any of it. Sellers aren’t required to repair items listed on the form or found during an inspection unless both sides agree to repairs or credits in the purchase contract.
In a traditional listing, though, an as-is label rarely ends the conversation. A buyer can still inspect. With an inspection contingency, a buyer can negotiate repairs, ask for credits or terminate. If no written resolution is reached within the resolution period, the contract ends and the buyer gets their trust money back. The disclosure also never replaces a buyer’s own inspection, because it reflects only what you know.
Here is how the options compare from a seller’s side:
| Factor | Repair, then list | List as is | Direct as-is sale to a buyer |
|---|---|---|---|
| Upfront repair cost to you | Yes | Usually none, but may be negotiated later | None required of you |
| Showings and open houses | Yes | Yes | Not needed |
| Listing-agent commission | Yes | Yes | Not part of a direct purchase |
| Buyer financing, appraisal risk | Yes | Yes | Depends on the buyer |
| Re-negotiation after inspection | Possible | Possible | Depends on the agreement |
| Disclosure duty | Yes, unless exempt | Yes, unless exempt | Cash or direct purchase does not itself create an exemption; the property and transfer control |
The right choice depends on your house, your timeline and your cash. A home with minor cosmetic issues in Bearden may do well on the open market after a paint refresh. A house with a failing foundation, fire damage or an unfinished renovation often makes repairs a bigger burden than the sale itself. Our guide to selling a house that needs repairs walks through that comparison.
What happens if you don’t disclose a known defect
Tennessee law gives the buyer a remedy. A purchaser may seek actual damages for a seller’s misrepresentation on a disclosure statement. Tenn. Code § 66-5-208 requires that the action be started within one year of the earliest of receiving the disclosure, closing, or occupancy in a lease situation.
Practically, the safest habit is a simple one: write down every problem you know about, including repairs you’ve made and ones you put off. When in doubt, disclose. Real estate licensees have their own duty too: they must disclose known adverse facts such as conditions that reduce structural integrity, present a significant health risk, or hurt value. An agent can’t ignore what you tell them.
A short checklist before you sell as is
- Decide whether you are exempt. Co-owner transfers, divorce transfers, court-ordered sales and owners who haven’t lived there in three years may be.
- List what you know. Leaks, past floods, known foundation concerns, pest treatments, repairs, unpermitted work and any residence moved from one foundation to another.
- Gather paperwork. Permits, receipts, warranties and any prior inspection reports.
- Choose form or disclaimer. Ask your attorney or closing agent how the contract should handle it.
- Update if things change. A new leak or storm damage before closing gets documented.
- Check title early. Liens, back taxes and ownership questions affect closing as much as condition. See our title problems checklist.
A practical way to approach an as-is sale
Start with a written condition record rather than a memory test. List known leaks, repairs, permits, inspection reports and changes since the disclosure was prepared. Keep photographs, invoices and contractor reports with the file instead of guessing about technical causes.
Then compare the written terms for a listing, a repaired sale and any direct offer. Check price, seller-paid work, access, contingencies, closing costs, assignment rights and the conditions that must be satisfied before closing. A direct purchase can avoid a listing-agent commission and seller repairs when the agreement says so, but title and contract requirements still matter.
Diamond Home Buyers is a property buyer, not a law firm, tax adviser or home inspector. A qualified Tennessee real-estate attorney can advise on the correct form, an exemption or a disputed defect. This guide is general education, not legal advice.
Compare a direct as-is offer with listing
If the house needs work and you’d rather not fix it, repair it, stage it or wait for a buyer’s financing, we can consider it as is. We look at houses, rentals, inherited property, mobile homes with land and vacant land in Knoxville and Knox County, and across East Tennessee. Price, access, costs and closing timing are agreed in writing and depend on title and other transaction requirements.
You can start with the Tennessee cash offer calculator, read about our as-is house purchases, or see how we handle Tennessee land. There is no obligation, and no pressure.
FAQ
Do I have to fill out the Tennessee disclosure form if I sell as is?
For a covered residential transfer, the owner provides either the statutory disclosure statement or a disclaimer that the purchaser is permitted to accept by waiving the disclosure. Tennessee also lists exempt transfers. Separate written-disclosure duties can still apply, so confirm the documents for the actual property and transfer.
Can a buyer back out if the contract says as is?
Potentially. An inspection contingency or another contract term may give the buyer cancellation or resolution rights. Do not assume every listing agreement or direct-purchase contract uses the same form, deadlines or trust-money result; read the signed agreement.
Am I required to inspect my house before disclosing?
No. Tennessee does not require an owner to undertake an independent inspection or investigation to complete the disclosures. You answer based on what you actually know. Be honest about anything you’ve seen, been told or repaired.
How long does a buyer have to sue over a nondisclosure?
Under § 66-5-208, the action must start within one year from receipt of the disclosure, closing, or occupancy in a lease, whichever happens first. Talk with a Tennessee real estate attorney about your specific facts.
Sources
Source-link disclosure: The external links below and the contextual third-party links above arrived with the BabyLoveGrowth source article. Their original anchor wording and attributes are preserved for source fidelity; inclusion is not an endorsement. Legal conclusions in this page were checked against the Tennessee code and court materials listed in the release record.
- Tenn. Code § 66-5-202, Required disclosures or disclaimers
- Tenn. Code § 66-5-208, Remedies
- Nolo: House Seller’s Disclosure Obligations in Tennessee
- Results MLS: Selling a House As-Is in Tennessee
- Tennessee Residential Property Condition Disclosure form
- Tennessee Residential Property Condition Exemption form
- Patterson Bray: Tennessee residential property disclosure law
- Property Disclosures and As-Is Sales
- Navigating Real Estate Offers and Contracts