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Mandated DisclosuresResidential_property_condition_disclosureMEDIUM

A Tennessee homeowner passed away, and the estate is selling the decedent's single-family home through the probate process. The buyer asks the estate's personal representative whether the Property Condition Disclosure form is required. Which response is correct under Tennessee law?

Correct Answer

D) The disclosure is not required because estate sales are exempt under the Tennessee Residential Property Condition Disclosure Act

Under Tenn. Code Ann. § 66-5-209, estate sales are specifically listed as an exemption from the Tennessee Residential Property Condition Disclosure Act. When a property is sold as part of a decedent's estate through the probate process, the seller (estate) is not required to provide the standardized disclosure form.

Answer Options
A
The disclosure is required but the personal representative may answer 'unknown' for all items
B
The disclosure is not required only if the estate obtains a court order waiving the requirement
C
The disclosure is required because the property is a single-family home subject to the Act
D
The disclosure is not required because estate sales are exempt under the Tennessee Residential Property Condition Disclosure Act

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Related Topics & Key Terms

Key Terms:

property_condition_disclosureestate_sale_exemptiondisclosure_exemptionsprobate

Related Concepts

Environmental hazards disclosure involves informing buyers about environmental contamination or hazards affecting or potentially affecting a property, including underground storage tanks, contaminated soil, hazardous waste, and proximity to Superfund sites.

Flood zone disclosure requires informing buyers whether a property is located in a designated flood zone as mapped by FEMA. Properties in high-risk flood zones may require mandatory flood insurance.

HOA disclosure requires informing buyers about the existence, rules, fees, financial health, and restrictions of a homeowners association governing the property. This information helps buyers understand their obligations before purchase.

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