Selling a stigmatized property comes with its own challenges. One of the biggest hesitations that you might experience while selling such a property is whether Tennessee law requires you to tell potential buyers about a prior homicide. Learning the laws and regulations specific to Tennessee might help you make an informed decision before you sell the property.
What does Tennessee law say about disclosure?
Tennessee law generally doesn’t penalize the property owner for not disclosing certain past events, such as homicide, suicide or felony. That means you generally have no legal obligation to volunteer information about a prior murder on the premises. Furthermore, you cannot be held liable for failing to disclose that a homicide occurred on the property. Nevertheless, if the homicide caused any physical or structural damage to the property, the law requires you to inform the buyer about that material defect.
Lying or withholding information can create legal exposure
While it is not your responsibility to voluntarily inform the buyer about homicide, when a buyer directly asks about the property’s history, you cannot hide or lie. Doing so would mislead the buyer and put you in danger of legal dispute based on misrepresentation.
Reviewing your disclosure obligations before listing the property
Understanding your exact obligations could bring you peace of mind as you move forward with the sale. With the help of an attorney experienced in Tennessee real estate law, you can review your disclosure forms and avoid potential misrepresentation claims that may arise in the future.
