Skip to main content

TN · Flood-disclosure law

Does a Tennessee seller have to disclose flooding?

Tennessee's Residential Property Disclosure Act (Tenn. Code §§ 66-5-201 to 66-5-213) requires an owner transferring residential real property to provide a disclosure statement on the form whose contents are set by § 66-5-210. That form includes a flooding item ('Flooding, drainage or grading problems?' answered Yes/No/Unknown) and a related roads/drainage/utilities item. The owner need not conduct an independent investigation.

Tennessee at a glance

General disclosure

A general property-condition disclosure captures flooding through a water/drainage or known-defect item, but has no dedicated flood-zone question.

DisclosureRequired
Opt-outYes — caution
Corroborated (secondary)· verified June 16, 2026
Tenn. Code Ann. §§ 66-5-202, 66-5-208, 66-5-210

The 4-card answer

Tennessee flood-disclosure, decoded

Whether the seller must disclose, what triggers it, the penalties, and any opt-out gotcha — each card cites its source.

Does the seller have to disclose flooding?

Disclosure required

General disclosure

Tennessee's Residential Property Disclosure Act (Tenn. Code §§ 66-5-201 to 66-5-213) requires an owner transferring residential real property to provide a disclosure statement on the form whose contents are set by § 66-5-210. That form includes a flooding item ('Flooding, drainage or grading problems?' answered Yes/No/Unknown) and a related roads/drainage/utilities item. The owner need not conduct an independent investigation.

A general property-condition disclosure captures flooding through a water/drainage or known-defect item, but has no dedicated flood-zone question.

Tenn. Code Ann. §§ 66-5-202, 66-5-208, 66-5-210Corroborated (secondary)· verified June 16, 2026

What triggers the duty

  • Transfer of residential real property with 1-4 dwelling units
  • Owner's actual knowledge (no duty to investigate)

Penalties & remedies

An owner is liable for actual damages for failure to disclose known material defects; the statute (§ 66-5-208) limits liability where the owner had no actual knowledge or relied in good faith on expert information.

Buyer remedy: Failure to disclose can be a basis to cancel/terminate the contract and to pursue actual damages; no broad automatic statutory rescission window beyond the contract.

Opt-out gotchas

An opt-out / waiver exists. § 66-5-202 permits a seller to provide a disclaimer ('as is,' no representations) where the purchaser waives the required disclosure; certain transfers are exempt under § 66-5-209.

Research note ▾

Justia/FindLaw returned 403 on direct fetch; statutory framework and the 'Flooding, drainage or grading problems?' form item (Q10 of the § 66-5-210 form) are corroborated by multiple sources. Citations are to the codified Tennessee statute. Could not directly fetch the primary codified text in-session, hence 'secondary.' disclosure_level 'limited' — a general flooding/drainage question, not a dedicated flood-zone/FEMA disclosure.

Buyer's rights

If you're buying in Tennessee

Your rights re-framed from the buyer's side, plus a pre-closing checklist that holds in every state.

What Tennessee law gives you as a buyer

Tennessee requires a seller disclosure (see the answer cards), so you have a statutory document to rely on — and a remedy if the seller knowingly withheld a material flood fact. Failure to disclose can be a basis to cancel/terminate the contract and to pursue actual damages; no broad automatic statutory rescission window beyond the contract.

Watch the opt-out: § 66-5-202 permits a seller to provide a disclaimer ('as is,' no representations) where the purchaser waives the required disclosure; certain transfers are exempt under § 66-5-209.

Tenn. Code Ann. §§ 66-5-202, 66-5-208, 66-5-210

Your pre-closing checklist (works in every state)

  • Pull a free FEMA flood-zone lookup

    Enter the address on FEMA's Flood Map Service Center to see the property's flood-zone designation (Special Flood Hazard Area = Zone A/V). This is public and free, regardless of what the seller discloses.

    msc.fema.gov ↗

  • Request a CLUE / loss-history report

    A C.L.U.E. (Comprehensive Loss Underwriting Exchange) report shows insurance claims filed on the property in the last ~7 years, including water and flood claims. The current owner can pull theirs free once a year from LexisNexis.

    LexisNexis consumer disclosure ↗

  • Get an independent inspection — ask about water

    Hire your own inspector and specifically flag drainage, grading, sump pumps, and signs of past water intrusion (staining, efflorescence, fresh paint in basements). An inspection contingency protects you if problems surface.

  • Get a flood-insurance quote before you waive contingencies

    Quote NFIP or private flood coverage early. Homeowners' insurance does NOT cover flood damage. A federally backed mortgage on a property in a Special Flood Hazard Area generally requires flood insurance — budget for it.

    floodsmart.gov ↗

Compare another state

Switch states without leaving

The decoder below is pre-selected to this state. Pick another to compare.

Step 2 — Your answer

Tennessee

Does the seller have to disclose flooding?

Disclosure required

General disclosure

Tennessee's Residential Property Disclosure Act (Tenn. Code §§ 66-5-201 to 66-5-213) requires an owner transferring residential real property to provide a disclosure statement on the form whose contents are set by § 66-5-210. That form includes a flooding item ('Flooding, drainage or grading problems?' answered Yes/No/Unknown) and a related roads/drainage/utilities item. The owner need not conduct an independent investigation.

A general property-condition disclosure captures flooding through a water/drainage or known-defect item, but has no dedicated flood-zone question.

Tenn. Code Ann. §§ 66-5-202, 66-5-208, 66-5-210Corroborated (secondary)· verified June 16, 2026

What triggers the duty

  • Transfer of residential real property with 1-4 dwelling units
  • Owner's actual knowledge (no duty to investigate)

Penalties & remedies

An owner is liable for actual damages for failure to disclose known material defects; the statute (§ 66-5-208) limits liability where the owner had no actual knowledge or relied in good faith on expert information.

Buyer remedy: Failure to disclose can be a basis to cancel/terminate the contract and to pursue actual damages; no broad automatic statutory rescission window beyond the contract.

Opt-out gotchas

An opt-out / waiver exists. § 66-5-202 permits a seller to provide a disclaimer ('as is,' no representations) where the purchaser waives the required disclosure; certain transfers are exempt under § 66-5-209.

Research note ▾

Justia/FindLaw returned 403 on direct fetch; statutory framework and the 'Flooding, drainage or grading problems?' form item (Q10 of the § 66-5-210 form) are corroborated by multiple sources. Citations are to the codified Tennessee statute. Could not directly fetch the primary codified text in-session, hence 'secondary.' disclosure_level 'limited' — a general flooding/drainage question, not a dedicated flood-zone/FEMA disclosure.

Summary of Tennessee law as of June 2026. Not legal advice.

Full Tennessee page
Editorial review

Professional review in progress

We are recruiting a licensed real-estate attorney or title professional to review these summaries before this site applies for advertising. Until then, treat every page as informational only.

Related states

South DakotaAll statesTexas