Memphis Home Seller Disclosure Requirements (2026)

Tennessee's Residential Property Condition Disclosure applies to Memphis sellers. Key issues for Shelby County include lead paint in older midtown and eastern Memphis housing stock, Mississippi River flood zone properties, and foundation concerns in some soil types.

Tennessee Disclosure Framework

Tennessee Code Annotated §66-5-202 requires sellers to provide the Tennessee Residential Property Condition Disclosure Form. The form must be provided to buyers before or at contract. Buyers who receive it after contract signing have 3 days to rescind.

Tennessee's form asks sellers to mark each item as "Aware of," "Not Aware of," "Unknown," or "Does Not Apply." Tennessee allows "Unknown" but strongly favors "Not Aware of" for conditions that genuinely haven't been observed or reported.

Foundation and Soil Disclosure

Shelby County's soils include loess deposits (wind-deposited silt) and areas of clay. Differential settlement — where different parts of the foundation settle at different rates — can occur, leading to cracked walls, sticking doors, and in more serious cases, visible foundation cracks.

Disclose any known foundation settlement, cracks (both in foundation walls and in interior/exterior walls indicating movement), and any prior foundation repair work. The disclosure form asks specifically about foundation issues.

Pier and beam foundations: Many Memphis midtown homes (Cooper-Young, Vollintine-Evergreen, Central Gardens area) use pier and beam foundations that are susceptible to sagging between support points. Disclose any known pier issues or repairs.

Mississippi River and Waterway Flood Exposure

Memphis's flood risk comes primarily from the Mississippi River and its tributaries. Key disclosure points:

Areas near Wolf River, Nonconnah Creek, Loosahatchie River, and the Mississippi River itself may be in flood zones. Check your specific property.

Lead Paint — Midtown Memphis Housing

Memphis's midtown neighborhoods — Cooper-Young, Overton Park, Evergreen, Central Gardens, Vollintine-Evergreen — contain extensive pre-1940 and pre-1960 Craftsman and cottage housing stock. The federal Lead-Based Paint Disclosure applies to all pre-1978 homes.

In midtown Memphis's painted brick and wood-frame homes from this era, lead paint is the norm rather than the exception. Buyers with children may request lead testing. Proactive disclosure is your legal protection.

Investor Buyer Disclosure Considerations

Memphis has a high volume of investor transactions. Even when selling to an investor, disclosure obligations apply. Investors purchasing as-is still receive the Tennessee disclosure form — "as-is" in Tennessee means the seller doesn't agree to make repairs, not that the seller's disclosure obligations are waived.

Common investor negotiating tactic: offering "as-is" pricing with acknowledgment of all disclosed defects. This approach is legitimate — just ensure your disclosure is complete before accepting any as-is offer.

Tennessee Transfer Tax

Tennessee's state transfer tax is $0.37 per $100 of consideration. Additionally, counties may impose a local transfer tax. In Shelby County, the combined rate runs approximately $0.37–$0.55 per $100. On a $250,000 sale: approximately $925–$1,375 in total transfer taxes, typically seller-paid.