Disclose a Past Fire?

Q: If a seller signs the disclosure exemption form, yet he is aware that there has been a major fire at the house, is he required to disclose it? A: Please note that the Tennessee REALTORS® Legal & Ethics Hotline cannot (and nor should you) advise sellers as...

Indentify the Fire Department?

Q: The 2018 property condition disclosure form asks which fire department services the property. Is there a place for a seller to find that information? A: Yes, the seller may visit https://tnmap.tn.gov/fdtn/ and enter the property address. This question is not...

Non-Refundable Earnest Money

Q: Can you advise the position that Tennessee takes on “non-refundable” earnest money clauses? A: Non-refundable earnest money is an acceptably legal concept in Tennessee. The forms committee has added a clause in the special stipulations form that can...

Property-Condition Exemption

Q: Please why the property condition exemption form no longer has a space for buyer’s signature of necessary disclosure questions on the form? A: The exemption form is different because it is not required by law. If a seller is exempt, they are exempt; they do...

Disclaimer Signature Block

Q: Why does the disclaimer notice only have one signature block instead of two? A: The disclaimer notice only needs to be signed by the client or customer of the agent—not all parties. If you are the listing agent, you will have the seller sign this form. If you...