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Exam topics · Tennessee

Disclosure and property condition on the Tennessee exam

The residential property condition disclosure, adverse facts, stigmatized property, and the federal lead-based paint rule.

Why this section is hard

Disclosure questions test the boundary between what you must say, what you may not say, and what is not yours to say at all. All three appear as plausible answer choices in the same question.

Seller disclosure

Tennessee residential sellers generally provide a property condition disclosure covering the known condition of the property. Certain transfers are exempt, and the disclosure is the seller's statement — a licensee neither authors it nor guarantees it.

Adverse facts and latent defects

A licensee must disclose known adverse facts about the physical condition of the property to all parties, including customers. A latent defect is a material problem not reasonably discoverable on inspection — that is exactly the category the exam cares about.

  • —Known material defects must be disclosed regardless of who you represent.
  • —Confidentiality never authorizes concealing a known defect.
  • —'I did not personally verify it' is not a defense once you know.

Stigmatized property

Facts about events rather than physical condition — a death on the property, alleged hauntings, prior occupants' illnesses — are treated differently from defects, and some categories are specifically protected from disclosure. Never volunteer protected-class-adjacent information; direct factual questions go to counsel or public records.

Lead-based paint

For target housing built before 1978, federal rules require the disclosure form, the EPA pamphlet, disclosure of known lead hazards and records, and a 10-day opportunity for the buyer to conduct an inspection unless waived in writing.

Traps that cost points

Believing a seller's instruction not to disclose a known defect binds you.

It does not. Disclose the adverse fact, or withdraw from the representation.

Applying lead-based paint rules to any old house.

The trigger is target housing built before 1978, and certain housing types are exempt.

Answering questions about a prior occupant's illness.

That is protected information and disclosing it can create liability.

Common questions

Does an as-is sale eliminate disclosure duties?

No. As-is addresses who pays for repairs, not whether known material defects must be disclosed.

Must I disclose a defect the buyer could have seen?

Disclose known material defects regardless. The safe practice is disclosure, not a judgment call about discoverability.

Who fills out the property condition disclosure?

The seller. The licensee delivers it and must not complete it for them or edit their statements.

Practice it, don't reread it.

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