A Tennessee seller provides the Property Condition Disclosure form to the buyer on the same day the purchase contract is signed. The buyer later claims a three-business-day rescission right under the Tennessee Residential Property Condition Disclosure Act. Which analysis correctly applies Tennessee law?

Correct Answer

C) The buyer does not have a rescission right under the disclosure act because the form was delivered on the day of — and not after — contract execution

Under Tenn. Code Ann. § 66-5-210, the three-business-day rescission right is triggered when the disclosure is delivered after the contract is executed. When the disclosure is provided on the same day the contract is signed — particularly if provided contemporaneously with or before execution — the rescission right is not triggered. The purpose of the rescission window is to protect buyers who receive new information after they are already bound by contract. Same-day delivery that accompanies contract execution is treated as pre- or concurrent delivery, not post-execution delivery.