Exam topics · Tennessee
The residential property condition disclosure, adverse facts, stigmatized property, and the federal lead-based paint rule.
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.
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.
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.
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.
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.
It does not. Disclose the adverse fact, or withdraw from the representation.
The trigger is target housing built before 1978, and certain housing types are exempt.
That is protected information and disclosing it can create liability.
No. As-is addresses who pays for repairs, not whether known material defects must be disclosed.
Disclose known material defects regardless. The safe practice is disclosure, not a judgment call about discoverability.
The seller. The licensee delivers it and must not complete it for them or edit their statements.
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