reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 3 - FRAUDULENT CONVEYANCES AND DEVISES (§§ 66-3-101 — 66-3-313) › Part 3 - UNIFORM FRAUDULENT TRANSFER ACT (§§ 66-3-301 — 66-3-313) › Section 66-3-308 - Remedies of creditors

(a)
In an action for relief against a transfer or obligation under this part, a creditor, subject to the limitations in §
66-3-309
, may obtain:
(1)
Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim;
(2)
An attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with the procedure prescribed by title 26;
(3)
Subject to applicable principles of equity and in accordance with applicable rules of civil procedure:
(A)
An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;
(B)
Appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or
(C)
Any other relief the circumstances may require.
(b)
If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.
Acts 2003, ch. 42, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 3 - FRAUDULENT CONVEYANCES AND DEVISES (§§ 66-3-101 — 66-3-313) › Part 3 - UNIFORM FRAUDULENT TRANSFER ACT (§§ 66-3-301 — 66-3-313) › Section 66-3-309 - Defenses, liability, and protection of transferee

(a)
A transfer or obligation is not voidable under §
66-3-305(a)(1)
against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee.
(b)
Except as otherwise provided in this section, to the extent a transfer is voidable in an action by a creditor under §
66-3-308(a)(1)
, the creditor may recover judgment for the value of the asset transferred, as adjusted under subsection (c), or the amount necessary to satisfy the creditor's claim, whichever is less. The judgment may be entered against:
(1)
The first transferee of the asset or the person for whose benefit the transfer was made; or
(2)
Any subsequent transferee other than a good-faith transferee or obligee who took for value or from any subsequent transferee or obligee.
(c)
If the judgment under subsection (b) is based upon the value of the asset transferred, the judgment must be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require.
(d)
Notwithstanding voidability of a transfer or an obligation under this part, a good-faith transferee or obligee is entitled, to the extent of the value given the debtor for the transfer or obligation, to:
(1)
A lien on or a right to retain any interest in the asset transferred;
(2)
Enforcement of any obligation incurred; or
(3)
A reduction in the amount of the liability on the judgment.
(e)
A transfer is not voidable under §
66-3-305(a)(2)
or §
66-3-306
if the transfer results from:
(1)
Termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law; or
(2)
Enforcement of a security interest in compliance with title 47, chapter 9 of the Uniform Commercial Code.
(f)
A transfer is not voidable under §
66-3-306(b)
:
(1)
To the extent the insider gave new value to or for the benefit of the debtor after the transfer was made unless the new value was secured by a valid lien;
(2)
If made in the ordinary course of business or financial affairs of the debtor and the insider; or
(3)
If made pursuant to a good-faith effort to rehabilitate the debtor and the transfer secured present value given for that purpose as well as an antecedent debt of the debtor.
Acts 2003, ch. 42, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 3 - FRAUDULENT CONVEYANCES AND DEVISES (§§ 66-3-101 — 66-3-313) › Part 3 - UNIFORM FRAUDULENT TRANSFER ACT (§§ 66-3-301 — 66-3-313) › Section 66-3-310 - Extinguishment of cause of action

A cause of action with respect to a fraudulent transfer or obligation under this part is extinguished unless action is brought:
(1)
Under §
66-3-305(a)(1)
, within four (4) years after the transfer was made or the obligation was incurred or, if later, within one (1) year after the transfer or obligation was or could reasonably have been discovered by the claimant;
(2)
Under §
66-3-305(a)(2)
or §
66-3-306(a)
, within four (4) years after the transfer was made or the obligation was incurred; or
(3)
Under §
66-3-306(b)
, within four (4) years after the transfer was made or the obligation was incurred.
Acts 2003, ch. 42, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 3 - FRAUDULENT CONVEYANCES AND DEVISES (§§ 66-3-101 — 66-3-313) › Part 3 - UNIFORM FRAUDULENT TRANSFER ACT (§§ 66-3-301 — 66-3-313) › Section 66-3-311 - Supplementary provisions

Unless displaced by this part, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions.
Acts 2003 , ch. 42, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 3 - FRAUDULENT CONVEYANCES AND DEVISES (§§ 66-3-101 — 66-3-313) › Part 3 - UNIFORM FRAUDULENT TRANSFER ACT (§§ 66-3-301 — 66-3-313) › Section 66-3-312 - Uniformity of application and construction

This part shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this part among states enacting it.
Acts 2003, ch. 42, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 3 - FRAUDULENT CONVEYANCES AND DEVISES (§§ 66-3-101 — 66-3-313) › Part 3 - UNIFORM FRAUDULENT TRANSFER ACT (§§ 66-3-301 — 66-3-313) › Section 66-3-313 - Official comments

In any dispute as to the proper construction of one or more sections of this part, the official comments pertaining to the corresponding sections of the Uniform Fraudulent Transfers Act, official text, as adopted by the Uniform Law Commission and as in effect on July 1, 2003, shall constitute evidence of the purposes and policies underlying such sections, unless:
(1)
The sections of this part that are applicable to the dispute differ materially from the sections of the official text that would be applicable thereto; or
(2)
The official comments are inconsistent with the plain meaning of the applicable sections of this part.
Amended by 2024 Tenn. Acts, ch. 494,s 12, eff. 2/21/2024.
Acts 2003 , ch. 42, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 4 - CONTRACTS TO CONVEY REAL PROPERTY (§§ 66-4-101 — 66-4-301) › Part 1 - CONVEYANCES BY DECEASED PERSONS (§§ 66-4-101 — 66-4-105) › Section 66-4-101 - Execution by personal representative of deceased vendor

In all cases of written agreements or contracts for the conveyance of land in this state, where the person executing the agreement or contract dies before final conveyance is made, the decedent's personal representatives may execute the conveyance to the person with whom such agreement or contract was made, or the decedent's heirs or assigns, according to the forms prescribed for the conveyance of real estate.
Code 1858, § 2025 (deriv. Acts 1794, ch. 5, § 1); Shan., § 3692; Code 1932, § 7614; T.C.A. (orig. ed.), § 64-401.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 4 - CONTRACTS TO CONVEY REAL PROPERTY (§§ 66-4-101 — 66-4-301) › Part 1 - CONVEYANCES BY DECEASED PERSONS (§§ 66-4-101 — 66-4-105) › Section 66-4-102 - Registration of contract required

The personal representative cannot be required to execute a conveyance under §
66-4-101
, unless the written agreement or contract, duly registered, or a certified copy of the agreement or contract from the register's books, is produced and delivered to the representative.
Code 1858, § 2028 (deriv. Acts 1794, ch. 5, § 1); Shan., § 3695; Code 1932, § 7617; T.C.A. (orig. ed.), § 64-402.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 4 - CONTRACTS TO CONVEY REAL PROPERTY (§§ 66-4-101 — 66-4-301) › Part 1 - CONVEYANCES BY DECEASED PERSONS (§§ 66-4-101 — 66-4-105) › Section 66-4-103 - Deed by one of several representatives

If there are several personal representatives, a deed by any of the representatives will be as valid as if executed by all.
Code 1858, § 2027 (deriv. Acts 1794, ch. 5, § 3); Shan., § 3694; Code 1932, § 7616; T.C.A. (orig. ed.), § 64-403.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 4 - CONTRACTS TO CONVEY REAL PROPERTY (§§ 66-4-101 — 66-4-301) › Part 1 - CONVEYANCES BY DECEASED PERSONS (§§ 66-4-101 — 66-4-105) › Section 66-4-104 - Description of land used in deed

In case the agreement or contract is for part of a tract of land, not ascertained by metes and bounds, the personal representative shall execute the conveyance according to the description given in the contract.
Code 1858, § 2029 (deriv. Acts 1794, ch. 5, § 4); Shan., § 3696; Code 1932, § 7618; T.C.A. (orig. ed.), § 64-404.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 4 - CONTRACTS TO CONVEY REAL PROPERTY (§§ 66-4-101 — 66-4-301) › Part 1 - CONVEYANCES BY DECEASED PERSONS (§§ 66-4-101 — 66-4-105) › Section 66-4-105 - Execution of contract with personal representative

If the person with whom such agreement or contract was made is also the personal representative, the court granting administration may appoint a guardian or representative of the heirs, who shall make the conveyance according to the written agreement.
Code 1858, § 2026 (deriv. Acts 1794, ch. 5, § 2); Shan., § 3693; Code 1932, § 7615; impl. am. Acts 1980, ch. 875, § 2; T.C.A. (orig. ed.), § 64-405.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 4 - CONTRACTS TO CONVEY REAL PROPERTY (§§ 66-4-101 — 66-4-301) › Part 2 - CHAMPERTOUS SALES (§§ 66-4-201 — 66-4-205) › Section 66-4-201 - Champertous sales of pretended interest prohibited

No person shall agree to buy, or to bargain or sell any pretended right or title in lands or tenements, or any interest in such pretended right or title.
Code 1858, § 1776 (deriv. Acts 1821, ch. 66, § 1); Shan., § 3171; Code 1932, § 7823; T.C.A. (orig. ed.), § 64-406.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 4 - CONTRACTS TO CONVEY REAL PROPERTY (§§ 66-4-101 — 66-4-301) › Part 2 - CHAMPERTOUS SALES (§§ 66-4-201 — 66-4-205) › Section 66-4-202 - Sale without possession

Any such agreement, bargain, sale, promise, covenant or grant shall be utterly void where the seller has not personally, or by the seller's agent or tenant, or the seller's ancestor, been in actual possession of the lands or tenements, or of the reversion or remainder, or taken the rents or profits for one (1) whole year next before the sale.
Code 1858, § 1777 (deriv. Acts 1821, ch. 66, § 1); Shan. § 3172; Code 1932, § 7824; T.C.A. (orig. ed.), § 64-407.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 4 - CONTRACTS TO CONVEY REAL PROPERTY (§§ 66-4-101 — 66-4-301) › Part 2 - CHAMPERTOUS SALES (§§ 66-4-201 — 66-4-205) › Section 66-4-203 - Dismissal of suit on disclosure of facts

Any suit at law or equity brought for the recovery of the lands or tenements bargained or contracted for, whether the agreement, sale, bargain, covenant, grant, or promise be executed or executory, shall be forthwith dismissed, with costs, by the court in which such suit may be pending, upon the facts being disclosed.
Code 1858, § 1778 (deriv. Acts 1821, ch. 66, § 1); Shan., § 3173; Code 1932, § 7825; T.C.A. (orig. ed.), § 64-408; modified.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 4 - CONTRACTS TO CONVEY REAL PROPERTY (§§ 66-4-101 — 66-4-301) › Part 2 - CHAMPERTOUS SALES (§§ 66-4-201 — 66-4-205) › Section 66-4-204 - Bona fide sales unimpaired

This part shall not prevent an absolute and bona fide sale or mortgage of lands or tenements not possessed and held adversely at the time of such sale or mortgage; nor a sale by execution; nor a sale and conveyance by a nonresident of this state, of lands which such nonresident may own, and of which lands no person, at the time of such sale, holds adverse possession by deed, devise, or inheritance.
Code 1858, § 1779 (deriv. Acts 1821, ch. 66, § 1); Shan., § 3174; Code 1932, § 7826; T.C.A. (orig. ed.), § 64-409.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 4 - CONTRACTS TO CONVEY REAL PROPERTY (§§ 66-4-101 — 66-4-301) › Part 2 - CHAMPERTOUS SALES (§§ 66-4-201 — 66-4-205) › Section 66-4-205 - Presumption of champerty from sale of land adversely held by another

If any person sells any lands or tenements, not having possession of them personally or by agent or tenant, the same being adversely held by color of title, champerty shall be presumed until the purchaser shows that such sale was bona fide made.
Code 1858, § 1780 (deriv. Acts 1821, ch. 66, § 1); Shan., § 3175; Code 1932, § 7827; T.C.A. (orig. ed.), § 64-410.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 4 - CONTRACTS TO CONVEY REAL PROPERTY (§§ 66-4-101 — 66-4-301) › Part 3 - LOANS BY NONPROFIT LENDERS (§ 66-4-301) › Section 66-4-301 - Restrictive covenants on loans by nonprofit lenders at a zero or low interest rate

(a)
All contracts for home loans made by a nonprofit lender with a zero percent (0%) interest rate or low interest rate loan must contain the following restrictive covenant:
This zero percent (0%) interest or low interest rate loan cannot be refinanced, replaced or consolidated without the prior, written approval of the local board of directors of the nonprofit lender that financed the loan so long as this initial, zero percent (0%) interest or low interest rate loan is in existence.
(b)
As used in this section:
(1)
"Home loan" means a term loan which secures a one (1) to four (4) family dwelling used as the primary residence of the borrower; and
(2)
"Low interest loan" means a home loan that carries an interest rate that is two (2) percentage points or more below the yield on United States treasury securities with a comparable maturity at the time the loan is made.
(c)
Each mortgage or deed of trust securing a home loan as provided in subsection (a) shall state on the face of the instrument prominently displayed:
THIS INSTRUMENT SECURES A ZERO INTEREST OR LOW INTEREST RATE LOAN AS DEFINED UNDER TENNESSEE CODE ANNOTATED SECTION
66-4-301
AND IS SUBJECT TO THE RESTRICTIONS THEREIN.
(d)
A lender may reasonably rely on such statement or lack thereof appearing on the face of the instrument as conclusive proof of the existence or nonexistence of a restricted home loan as provided in subsection (a).
Acts 2004, ch. 657, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 5 - CONVEYANCES OF PROPERTY (§§ 66-5-101 — 66-5-213) › Part 1 - GENERAL PROVISIONS (§§ 66-5-101 — 66-5-110) › Section 66-5-101 - Grants or devises passing full estate

Every grant or devise of real estate, or any interest therein, shall pass all the estate or interest of the grantor or devisor, unless the intent to pass a less estate or interest shall appear by express terms, or be necessarily implied in the terms of the instrument.
Code 1858, § 2006 (deriv. Acts 1851-1852, ch. 33); Shan., § 3672; Code 1932, § 7597; T.C.A. (orig. ed.), § 64-501.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 5 - CONVEYANCES OF PROPERTY (§§ 66-5-101 — 66-5-213) › Part 1 - GENERAL PROVISIONS (§§ 66-5-101 — 66-5-110) › Section 66-5-102 - Mineral estates in coal

(a)
In any instrument heretofore or hereafter executed purporting to sever the surface and mineral estates which does not describe the manner or method of mineral extraction in express and specific terms, it shall be presumed that the intention of the parties to the instrument was that the minerals be extracted only in the principal manner and method of mineral extraction prevailing in this state at the time the instrument was executed.
(b)
This section is not intended to exclude evidence that would otherwise be admissible to show the intentions of the parties.
(c)
This section shall only apply to mineral estates in coal.
Acts 1977, ch. 164, §§ 3, 4; T.C.A. (orig. ed.), § 64-511.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 5 - CONVEYANCES OF PROPERTY (§§ 66-5-101 — 66-5-213) › Part 1 - GENERAL PROVISIONS (§§ 66-5-101 — 66-5-110) › Section 66-5-103 - Forms of conveyances

The following or other equivalent forms, varied to suit the precise state of facts, are sufficient for the purposes contemplated, without further circumlocution:
(1)
(A)
For a deed in fee with general warranty: "I hereby convey to A. B. the following tract of land (describing it), and I warrant the title against all persons whomsoever;"
(B)
Covenants of seisin, possession, and special warranty: "I covenant that I am seized and possessed of this land, and have a right to convey it, and I warrant the title against all persons claiming under me;"
(2)
For a quitclaim deed: "I hereby quitclaim to A. B. all my interest in the following land" (describing it);
(3)
For a mortgage: "I hereby convey to A. B. the following land (describing it), to be void upon condition that I pay," etc; and
(4)
For a deed of trust: "For the purpose of securing to A. B. a note of this date, due at twelve (12) months, with interest from date (or as the case may be), I hereby convey to C. D., in trust, the following property (describing it). And if the note is not paid at maturity, I hereby authorize C. D. to sell the property herein conveyed (stating the manner, place of sale, notice, etc.), to execute a deed to the purchaser, to pay off the amount herein secured, with interest and costs, and to hold the remainder subject to my order."
Code 1858, § 2013; Shan., § 3680; Code 1932, § 7607; T.C.A. (orig. ed.), § 64-502.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 5 - CONVEYANCES OF PROPERTY (§§ 66-5-101 — 66-5-213) › Part 1 - GENERAL PROVISIONS (§§ 66-5-101 — 66-5-110) › Section 66-5-104 - Execution by agent or attorney

Instruments in relation to real or personal property, executed by an agent or attorney, may be signed by such agent or attorney for the principal, or by writing the name of the principal by that person as agent or attorney; or by simply writing the agent's or attorney's own name or the principal's name, if the instrument on its face shows the character in which it is intended to be executed.
Code 1858, § 2012 (deriv. Acts 1841-1842, ch. 153, § 1); Shan., § 3679; Code 1932, § 7606; T.C.A. (orig. ed.), § 64-503.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 5 - CONVEYANCES OF PROPERTY (§§ 66-5-101 — 66-5-213) › Part 1 - GENERAL PROVISIONS (§§ 66-5-101 — 66-5-110) › Section 66-5-106 - Authentication and registration required - Formal ceremonies unnecessary

No deed of conveyance for lands, in whatever manner or form drawn, shall be good and available in law, as to strangers, unless it is acknowledged by the vendor, or proved by two (2) witnesses upon oath, in the manner prescribed in chapters 22 and 23 of this title, and registered by the register of the county where the land lies. All deeds so executed shall be valid and pass estates in land, or right to other estates, without livery of seisin, attornment, or other ceremony in the law whatever.
Code 1858, § 2005 (deriv. Acts 1715, ch. 38, § 5); Shan., § 3671; Code 1932, § 7596; T.C.A. (orig. ed.), § 64-504.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 5 - CONVEYANCES OF PROPERTY (§§ 66-5-101 — 66-5-213) › Part 1 - GENERAL PROVISIONS (§§ 66-5-101 — 66-5-110) › Section 66-5-107 - Correction of errors

(a)
Whenever an error or mistake is made in any deed of conveyance, or in the registration thereof, either in courses, distances, or names, the person liable to injury by such error or mistake may prefer a petition to the circuit court of the county in which the land is situated, setting forth the nature of the mistake or error, and all and singular the matters relative thereto.
(b)
Before the petition shall be heard and determined, the petitioner shall advertise in a newspaper published in the judicial district in which the land is situated; and if no newspaper is published in the district, then in a newspaper in the adjoining district, setting forth the substance of the petition, and the term at which petitioner will make application for a hearing, three (3) weeks in succession, at least thirty (30) days before the petition shall be heard.
(c)
The court may also direct written notice to be served upon such persons as may be interested in or affected by the relief sought, unless such notice shall appear to the court to have been previously given.
(d)
When any person chooses to oppose the granting of the petition, that party may personally enter as a defendant, and, each party having given security for cost, the cause shall stand for hearing as other argument cases.
(e)
The court shall examine such testimony as the petitioner may produce; and whenever it shall appear evident, from such testimony, that there was an error or mistake committed in drawing the deed of conveyance, the court shall order the same to be rectified, so as to comport with the intention of the parties; and shall further order the register of the county, in which the land is situated, to register the conveyance agreeably to the correction.
(f)
Either party may appeal from the judgment of the court, or prosecute a writ of error thereto.
Code 1858, §§ 2014-2019 (deriv. Acts 1813, ch. 83, §§ 1-3); Shan., §§ 3681-3685; Code 1932, §§ 7608-7613; T.C.A. (orig. ed.), §§ 64-505 -- 64-510.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 5 - CONVEYANCES OF PROPERTY (§§ 66-5-101 — 66-5-213) › Part 1 - GENERAL PROVISIONS (§§ 66-5-101 — 66-5-110) › Section 66-5-109 - Effective date of conveyance

(a)
The effective date of any conveyance of real property in this state is presumed to be the date of the instrument of conveyance, and shall not be affected by a notary acknowledgment in such conveyance which may be dated prior or subsequent to the date of the conveyance.
(b)
(1)
If an instrument conveying real property is not dated, but contains a notary acknowledgment which is dated, the effective date of the instrument shall be the date of the notary acknowledgment.
(2)
If the instrument is not dated, but contains more than one (1) notary acknowledgment, containing more than one (1) date, the latest date of a notary acknowledgment in the instrument shall be the effective date of the instrument.
Acts 1989, ch. 483, §§ 1, 2.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 5 - CONVEYANCES OF PROPERTY (§§ 66-5-101 — 66-5-213) › Part 1 - GENERAL PROVISIONS (§§ 66-5-101 — 66-5-110) › Section 66-5-110 - Identification of specific mineral interests to be conveyed

Notwithstanding any law to the contrary, where an owner of surface and mineral rights to real property enters into a contract for the conveyance of mineral rights in such property resulting in a severance of such interests, the parties to such conveyance shall identify the specific mineral interests to be conveyed to the purchaser of the mineral rights. The purchaser of the mineral interests shall identify such interests purchased by providing a deed reference number in accordance with §
67-5-804(c)
for the mineral interest with the property assessor in the county in which the interests are located as prescribed in this section. For the purposes of this section, "specific mineral interests" means only those minerals listed in the deed as contemplated by the parties. All rights to minerals not described in the deed shall remain with the surface owner. This section shall apply to all contracts entered into on or after July 1, 2011, and shall not impair the obligation of any existing contract or be construed to direct courts in determining the intent of the parties who entered into a contract prior to such date.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 5 - CONVEYANCES OF PROPERTY (§§ 66-5-101 — 66-5-213) › Part 2 - RESIDENTIAL PROPERTY DISCLOSURES (§§ 66-5-201 — 66-5-213) › Section 66-5-201 - General provisions

This part applies only with respect to transfers by sale, exchange, installment land sales contract or lease with option to buy residential real property consisting of not less than one (1) nor more than four (4) dwelling units, including site-built and nonsite-built homes, whether or not the transaction is consummated with the assistance of a licensed real estate broker or salesperson. The disclosure statement referenced in §
66-5-202
is not a warranty of any kind by a seller and is not a substitute for inspections either by the individual purchasers or by a professional home inspector. The disclosure required by this part shall be provided to potential buyers for their exclusive use and may not be relied upon by purchasers in subsequent transfers from the original purchaser who received the property disclosure. The required disclosure shall be given in good faith by the owner or owners of property that is being transferred and shall be subject to the requirements of this part.
Acts 1994, ch. 828, § 1; 2000, ch. 771, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 5 - CONVEYANCES OF PROPERTY (§§ 66-5-101 — 66-5-213) › Part 2 - RESIDENTIAL PROPERTY DISCLOSURES (§§ 66-5-201 — 66-5-213) › Section 66-5-202 - Required disclosures or disclaimers

With regard to transfers described in §
66-5-201
, the owner of the residential property shall furnish to a purchaser one of the following:
(1)
A residential property disclosure statement in the form provided in this part regarding the condition of the property, including any material defects known to the owner. Such disclosure form may be as included in this part and must include all items listed on the disclosure form required pursuant to this part. The disclosure form shall contain a notice to prospective purchasers and owners that the prospective purchaser and the owner may wish to obtain professional advice or inspections of the property. The disclosure form shall also contain a notice to purchasers that the information contained in the disclosure are the representations of the owner and are not the representations of the real estate licensee or sales person, if any. The owner shall not be required to undertake or provide any independent investigation or inspection of the property in order to make the disclosures required by this part; or
(2)
A residential property disclaimer statement stating that the owner makes no representations or warranties as to the condition of the real property or any improvements thereon and that purchaser will be receiving the real property "as is," that is, with all defects which may exist, if any, except as otherwise provided in the real estate purchase contract. A disclaimer statement may only be permitted where the purchaser waives the required disclosure under subdivision (1). If the purchaser does not waive the required disclosure under this part, the disclosure statement described in subdivision (1) shall be provided in accordance with the requirements of this part.
Acts 1994, ch. 828, § 2.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 5 - CONVEYANCES OF PROPERTY (§§ 66-5-101 — 66-5-213) › Part 2 - RESIDENTIAL PROPERTY DISCLOSURES (§§ 66-5-201 — 66-5-213) › Section 66-5-203 - Delivery of disclosure or disclaimer statement

(a)
The owner of residential real property subject to this part shall deliver to the purchaser the written disclosure or disclaimer statement, if agreed upon by the purchaser required by this part prior to the acceptance of a real estate purchase contract. For purposes of this part, a "real estate purchase contract" means a contract for the sale, exchange or lease with option to buy of real estate subject to this part, and "acceptance" means the full execution of a real estate purchase contract by all parties. The residential property disclaimer statement or residential property disclosure statement may be included in the real estate purchase contract, in an addendum to the contract, or in a separate document.
(b)
Failure to provide the disclosure or disclaimer statement required by this part shall not permit a purchaser to terminate a real estate purchase contract; however, a purchaser shall not be restricted by this part from bringing such other actions at law or in equity that are otherwise permitted.
Acts 1994, ch. 828, § 3.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 5 - CONVEYANCES OF PROPERTY (§§ 66-5-101 — 66-5-213) › Part 2 - RESIDENTIAL PROPERTY DISCLOSURES (§§ 66-5-201 — 66-5-213) › Section 66-5-204 - Liability for errors or omissions - Experts' reports

(a)
The owner shall not be liable for any error, inaccuracy or omission of any information delivered pursuant to this part if:
(1)
The error, inaccuracy or omission was not within the actual knowledge of the owner or was based upon information provided by public agencies or by other persons providing information as specified in subsection (b) that is required to be disclosed pursuant to this part, or the owner reasonably believed the information to be correct; and
(2)
The owner was not grossly negligent in obtaining the information from a third party and transmitting it.
(b)
The delivery by a public agency or other person, as described in subsection (c), of any information required to be disclosed by this part to a prospective purchaser shall be deemed to comply with the requirements of this part, and shall relieve the owner of any further duty under this part with respect to that item of information.
(c)
The delivery by the owner of a report or opinion prepared by a licensed engineer, land surveyor, geologist, wood destroying insect control expert, contract or other home inspection expert, dealing with matters within the scope of the professional license or expertise, shall satisfy the requirements of subsection (a) if the information is provided to the owner pursuant to request therefor, whether written or oral. In responding to such a request, an expert may indicate, in writing, an understanding that the information provided will be used in fulfilling the requirements of this part and, if so, shall indicate the required disclosure or portions thereof, to which the information being furnished is applicable. Where such a statement is furnished, the expert shall not be responsible for any items of information, or portions thereof, other than those expressly set forth in this statement.
Acts 1994, ch. 828, § 4.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 5 - CONVEYANCES OF PROPERTY (§§ 66-5-101 — 66-5-213) › Part 2 - RESIDENTIAL PROPERTY DISCLOSURES (§§ 66-5-201 — 66-5-213) › Section 66-5-205 - Liability for changed circumstances

If information disclosed in accordance with this part is subsequently rendered or discovered to be inaccurate as a result of any act, occurrence, information received, circumstance or agreement subsequent to the delivery of the required disclosures, the inaccuracy resulting therefrom does not constitute a violation of this part; provided, however, that at or before closing, the owner shall be required to disclose any material change in the physical condition of the property or certify to the purchaser at closing that the condition of the property is substantially the same as it was when the disclosure form was provided. If, at the time the disclosures are required to be made, an item of information required to be disclosed is unknown or not available to the owner, the owner may state that the information is unknown or may use an approximation of the information; provided, that the approximation is clearly identified as such, is reasonable, is based on the actual knowledge of the owner and is not used for the purpose of circumventing or evading this part.
Acts 1994, ch. 828, § 5.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 5 - CONVEYANCES OF PROPERTY (§§ 66-5-101 — 66-5-213) › Part 2 - RESIDENTIAL PROPERTY DISCLOSURES (§§ 66-5-201 — 66-5-213) › Section 66-5-206 - Duties of real estate licensees

A real estate licensee representing an owner of residential real property as the listing broker has a duty to inform each such owner represented by that licensee of the owner's rights and obligations under this part. A real estate licensee representing a purchaser of residential real property or, if the purchaser is not represented by a licensee, the real estate licensee representing an owner of residential real estate and dealing with the purchaser has a duty to inform each such purchaser of the purchaser's rights and obligations under this part. If a real estate licensee performs those duties, the licensee shall have no further duties to the parties to a residential real estate transaction under this part, and shall not be liable to any party to a residential real estate transaction for a violation of this part or for any failure to disclose any information regarding any real property subject to this part. However, a cause of action for damages or equitable remedies may be brought against a real estate licensee for intentionally misrepresenting or defrauding a purchaser. A real estate licensee will further be subject to a cause of action for damages or equitable relief for failing to disclose adverse facts of which the licensee has actual knowledge or notice. "Adverse facts" means conditions or occurrences generally recognized by competent licensees that significantly reduce the structural integrity of improvements to real property, or present a significant health risk to occupants of the property.
Acts 1994, ch. 828, § 6.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 5 - CONVEYANCES OF PROPERTY (§§ 66-5-101 — 66-5-213) › Part 2 - RESIDENTIAL PROPERTY DISCLOSURES (§§ 66-5-201 — 66-5-213) › Section 66-5-207 - Liability for nondisclosure of communicable diseases or criminal acts on property

Notwithstanding any of the provisions of this part, or any other statute or regulation, no cause of action shall arise against an owner or a real estate licensee for failure to disclose that an occupant of the subject real property, whether or not such real property is subject to this part, was afflicted with human immunodeficiency virus (HIV) or other disease which has been determined by medical evidence to be highly unlikely to be transmitted through the occupancy of a dwelling place, or that the real property was the site of:
(1)
An act or occurrence which had no effect on the physical structure of the real property, its physical environment or the improvements located thereon; or
(2)
A homicide, felony or suicide.
Acts 1994, ch. 828, § 7.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 5 - CONVEYANCES OF PROPERTY (§§ 66-5-101 — 66-5-213) › Part 2 - RESIDENTIAL PROPERTY DISCLOSURES (§§ 66-5-201 — 66-5-213) › Section 66-5-209 - Exempt property transfers

The following are specifically excluded from this part:
(1)
Transfers pursuant to court order including, but not limited to, transfers ordered by a court in the administration of an estate, transfers pursuant to a writ of execution, transfers by foreclosure sale, transfers by a trustee in bankruptcy, transfers by eminent domain and transfers resulting from a decree of specific performance;
(2)
Transfers to a beneficiary of a deed of trust by a trustor or successor in interest who is in default; transfers by a trustee under a deed of trust pursuant to a foreclosure sale; or transfers by a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a foreclosure sale under a deed of trust or has acquired the real property by a deed in lieu of foreclosure;
(3)
Transfers by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship or trust;
(4)
Transfers from one (1) or more co-owners solely to one (1) or more co-owners. This subdivision (4) is intended to apply and only does apply in situations where ownership is by a tenancy by the entirety, a joint tenancy or a tenancy in common and the transfer will be made from one (1) or more of the owners to another owner or co-owners holding property either as a joint tenancy, tenancy in common or tenancy by the entirety;
(5)
Transfers made solely to any combination of a spouse or a person or persons in the lineal line of consanguinity of one (1) or more of the transferors;
(6)
Transfers between spouses resulting from a decree of divorce or a property settlement stipulation;
(7)
Transfers made by virtue of the record owner's failure to pay any federal, state or local taxes;
(8)
Transfers to or from any governmental entity of public or quasi-public housing authority or agency;
(9)
Transfers involving the first sale of a dwelling provided that the builder offers a written warranty;
(10)
Any property sold at public auction;
(11)
Any transfer of property where the owner has not resided on the property at any time within three (3) years prior to the date of transfer; and
(12)
Any transfer from a debtor in a chapter 7 or a chapter 13 bankruptcy to a creditor or third party by a deed in lieu of foreclosure or by a quitclaim deed.
Acts 1994, ch. 828, § 9; 2000, ch. 771, §§ 2 - 4.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 5 - CONVEYANCES OF PROPERTY (§§ 66-5-101 — 66-5-213) › Part 2 - RESIDENTIAL PROPERTY DISCLOSURES (§§ 66-5-201 — 66-5-213) › Section 66-5-211 - Disclosure of impact fees or adequate facilities taxes - Definitions

(a)
In transfers involving the first sale of a dwelling, the owner of residential property shall furnish to the purchaser a statement disclosing the amount of any impact fees or adequate facilities taxes paid to any city or county on any parcel of land subject to transfer by sale, exchange, installment land sales contract, or lease with an option to buy.
(b)
For the purpose of this section, unless the context otherwise requires:
(1)
"Adequate facilities tax" means any privilege tax that is a development tax, by whatever name, imposed by a county or city, pursuant to any act of general or local application, on engaging in the act of development;
(2)
"Development" means the construction, building, reconstruction, erection, extension, betterment, or improvement of land providing a building or structure, or the addition to any building or structure or any part of any building or structure that provides, adds to, or increases the floor area of a residential or nonresidential use; and
(3)
"Impact fee" means a monetary charge imposed by a county or municipal government pursuant to any act of general or local application, to regulate new development on real property. The amount of impact fees are related to the costs resulting from the new development and the revenues for this fee are earmarked for investment in the area of the new development.
Acts 2005, ch. 171, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 5 - CONVEYANCES OF PROPERTY (§§ 66-5-101 — 66-5-213) › Part 2 - RESIDENTIAL PROPERTY DISCLOSURES (§§ 66-5-201 — 66-5-213) › Section 66-5-212 - Disclosure of known percolation tests or soil absorption rates - Disclosure of foundation move - Disclosure of presence of sinkhole

(a)
In addition to any other disclosure required by this part, the seller shall, prior to entering into a contract with a buyer, disclose in the contract itself or in writing, including acknowledgement of receipt, the presence of any known exterior injection well and the results of any known percolation test or soil absorption rate performed on the property that is determined or accepted by the department of environment and conservation.
(b)
Prior to entering into a contract with a buyer on or after May 20, 2009, the seller shall, where such information is known to the seller, also disclose in the same manner whether any single family residence located on the property has been moved from an existing foundation to another foundation.
(c)
(1)
In addition to any other disclosure required by this part, the seller shall, prior to entering into a contract with a buyer, disclose in the contract or in writing, including acknowledgment of receipt, the presence of a known sinkhole on the property. The disclosure required by this subdivision (c)(1) applies regardless of whether the sinkhole is indicated through the contour lines on the property's recorded plat map.
(2)
As used in this subsection (c), "sinkhole" means a subterranean void created by the dissolution of limestone or dolostone strata resulting from groundwater erosion, causing a surface subsidence of soil, sediment, or rock.
Amended by 2024 Tenn. Acts, ch. 510,s 1, eff. 7/1/2024.
Amended by 2015 Tenn. Acts, ch. 262, s 1, eff. 7/1/2015.
Acts 2006, ch. 699, § 1; 2007 , ch. 244, § 1; 2009 , ch. 231, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 5 - CONVEYANCES OF PROPERTY (§§ 66-5-101 — 66-5-213) › Part 2 - RESIDENTIAL PROPERTY DISCLOSURES (§§ 66-5-201 — 66-5-213) › Section 66-5-213 - Disclosure requirement where property is located in a planned unit development

(a)
As used in this section, unless the context otherwise requires:
(1)
"Bylaws" mean guidelines for the operation of a homeowner's association that define the duties of the various offices of the board of directors, the terms of the directors, the membership's voting rights, required meetings and notices of meetings and the principal office of the association, as well as other specific items that are necessary to run the homeowner's association as a business;
(2)
"Planned unit development (PUD)" means an area of land, controlled by one (1) or more landowners, to be developed under unified control or unified plan of development for a number of dwelling units, commercial, educational, recreational or industrial uses, or any combination of these, the plan for which does not correspond in lot size, bulk or type of use, density, lot coverage, open space or other restrictions to the existing land use regulations; and
(3)
"Restrictive covenant" means any written provision that places limitations or conditions on some aspect of use of the property, such as size, location or height of structures, materials to be used in structure exterior, activities carried out on the property or restrictions on future subdivision or land development.
(b)
In addition to any other disclosures required in this part with regard to transfers described in §
66-5-201
, the owner of the residential property shall, prior to entering a contract with a buyer, disclose in the contract itself or in writing, including acknowledgement, if the property is located in a PUD, and make available to the buyer a copy of the development's restrictive covenants, homeowner bylaws and master deed upon request.
Acts 2009, ch. 112, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 6 - TENNESSEE COORDINATE SYSTEM (§§ 66-6-101 — 66-6-106) › Section 66-6-101 - Designation of geodetic survey system

(a)
The most recent system of plane coordinates which has been established by the United States Department of Commerce, National Oceanic and Atmospheric Administration's National Geodetic Survey, based on the National Spatial Reference System, and known as the State Plane Coordinate System, for defining and stating the geographic positions or locations of points on the surface of the earth within the State of Tennessee shall hereafter be known as the Tennessee State Plane Coordinate System.
(b)
The system of plane coordinates, known as the North American Datum of 1983, which has been established by the United States Department of Commerce, National Oceanic and Atmospheric Administration's National Geodetic Survey, formerly the United States Coast and Geodetic Survey, for defining and stating the geographic positions or locations of points on the surface of the earth within this state is hereafter to be known and designated as the Tennessee Coordinate System of 1983.
(c)
The system of plane coordinates which was established in 1927 by the United States Coast and Geodetic Survey for defining and stating the positions or locations of points on the surface of the earth within this state is hereafter to be known and designated as the Tennessee Coordinate System of 1927.
(d)
For the purpose of the use of either system, this state has one (1) zone as defined by the National Geodetic Survey.
(e)
After December 31, 2022, the "Tennessee State Plane Coordinate System" is the sole system recognized and utilized in Tennessee for the purposes of this chapter. Any use prior to December 31, 2022, may continue to use the Tennessee Coordinate System of 1927 or the Tennessee Coordinate System of 1983 in its applications relative to redistricting.
Amended by 2019 Tenn. Acts, ch. 213,s 1, eff. 4/23/2019.
Acts 1991, ch. 42, § 2.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 6 - TENNESSEE COORDINATE SYSTEM (§§ 66-6-101 — 66-6-106) › Section 66-6-102 - Coordinates used

The plane coordinate values for a point on the earth's surface, used to express the geographic position or location of such point, must consist of two (2) distances expressed in United States survey feet and decimals of a foot when using the Tennessee Coordinate System of 1927, expressed in either United States survey feet and decimals of a foot or meters and decimals of a meter when using the Tennessee Coordinate System of 1983, and expressed in either International feet and decimals of a foot or meters and decimals of a meter when using the Tennessee State Plane Coordinate System. One (1) of these distances, to be known as the "East X-coordinate," must give the distance east of the Y axis; the other, to be known as the "North Y-coordinate," must give the distance north of the X axis. The Y axis of any zone must be parallel with the central meridian of that zone. The X axis of any zone must be at right angles to the central meridian of that zone.
Amended by 2023 Tenn. Acts, ch. 129,s 1, eff. 4/4/2023.
Amended by 2019 Tenn. Acts, ch. 213, s 2, eff. 4/23/2019.
Acts 1991, ch. 42, § 3.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 6 - TENNESSEE COORDINATE SYSTEM (§§ 66-6-101 — 66-6-106) › Section 66-6-103 - Technical definitions of systems

(a)
For purposes of more precisely defining the Tennessee Coordinate System of 1927, the following definition by the United States coast and geodetic survey, now the national ocean survey/national geodetic survey, is adopted:
The "Tennessee Coordinate System of 1927" is a Lambert conformal conic projection of the Clarke spheroid of 1866, having standard parallels at north latitudes 35° 15' and 36° 25', along which parallels the scale shall be exact. The origin of coordinates is at the intersection of the meridian 86° 00' west of Greenwich and the parallel 34° 40' north latitude. This origin is given the coordinates: x (easting) = two million feet (2,000,000') and y (northing) = one hundred thousand feet (100,000').
(b)
For purposes of more precisely defining the Tennessee Coordinate System of 1983, the following definition by the national ocean survey/national geodetic survey is adopted:
The "Tennessee Coordinate System of 1983" is Lambert conformal conic projection of the North American Datum of 1983, having standard parallels at north latitudes 35° 15' and 36° 25', along which parallels the scale shall be exact. The origin of coordinates is at the intersection of the meridian 86° 00' west of Greenwich and the parallel 34° 20' north latitude. This origin is given the coordinates: x (easting) = six hundred thousand meters (600,000 m.) and y (northing) = zero meters (0 m.).
(c)
The definition of the "U.S. Survey Foot" is exactly 1,200/3,937 meters.
Acts 1991, ch. 42, §4; 2010 , ch. 1139, § 2.