Selling your own house in Tennessee is legal. The part that trips people up is the paperwork: the disclosure form, the contract, the deadlines that follow it, and the closing.
I'm Kimo Quance, a Realtor with eXp Realty. I've been licensed since 2013 and I've been part of more than 500 transactions. This is the guide I'd hand a friend who told me they were selling on their own, in the order things actually happen.
Can you sell a house by owner in Tennessee?
Yes. Tennessee's real estate license law does not apply to "an owner of real estate with respect to property owned or leased by such person," so you can sell your own home in Tennessee without hiring an agent. You still owe the buyer the state disclosures, the federal lead paint paperwork on older homes, and a properly recorded deed.
That quote is from Tenn. Code Ann. 62-13-104. Going it alone means everything an agent would normally track lands on your desk. The rest of this page is that list, in order.
What are the steps to sell a house by owner in Tennessee?
Selling a house by owner in Tennessee runs in ten steps, from pricing it off closed sales to checking your net before closing day. Most of the legal risk sits in steps 3, 6 and 9: the disclosures, the contract and the closing.
- Price it from recent closed sales of similar homes near you.
- Fix what a buyer will flag and clean everything else.
- Complete the Tennessee disclosure or disclaimer statement, plus the lead-based paint disclosure if the home was built before 1978.
- Market it with good photos and an accurate description of the home.
- Show it, screen visitors, and collect feedback.
- Negotiate offers and sign a written purchase contract.
- Collect earnest money with the holder named in the contract.
- Work through the buyer's inspection, repair requests, appraisal and loan approval.
- Close through a title company or closing attorney, who records the deed.
- Get your loan payoff and check your net before closing day.
Here's who usually handles each piece when there's no listing agent.
| Step | Who usually handles it in a by-owner sale | Paperwork |
|---|---|---|
| Pricing | You | Recent closed sales of similar homes |
| Disclosures | You | Tennessee disclosure or disclaimer statement; lead-based paint disclosure and EPA pamphlet for homes built before 1978 |
| Marketing and showings | You | Photos, description, showing log |
| Offers and contract | You and the buyer, ideally with a Tennessee real estate attorney | Purchase contract and any amendments |
| Earnest money | The holder named in the contract | Earnest money receipt |
| Inspection and repairs | The buyer's inspector; you negotiate | Inspection report, repair amendment |
| Appraisal and financing | The buyer's lender | Appraisal, loan approval |
| Title and closing | A title company or closing attorney | Deed, settlement statement |
| Transfer tax | Collected by the county Register of Deeds when the deed is recorded | Oath of consideration on the deed |
| Payoff and net | Your lender and the closing agent | Payoff statement, settlement statement |
How do you price a house you're selling by owner in Tennessee?
Price a by-owner home in Tennessee from recent closed sales of similar homes nearby, the closer in time and distance the better. Closed sales show what buyers actually paid. List prices only show what other sellers hoped for, and an online estimate never walked through your kitchen.
Pick sales that match your home on size, age, condition and location, then adjust for the differences, as I explain in my guide to the sales comparison approach. If you'd like a second set of eyes on the number, request a home evaluation, or text or call me at 615-392-1186.
What should you fix before selling by owner in Tennessee?
Before you sell by owner in Tennessee, fix what a buyer's inspector will flag and what a buyer sees in the first ten seconds: leaks, systems that don't work, safety items, peeling paint and clutter. If you give the buyer the disclosure statement, the defects you know about go on it either way, so fixing them first is usually the cleaner path.
Keep receipts and any permits for work you've done. A buyer will ask for the paper behind any repair you mention.
What disclosures does a Tennessee home seller have to give?
A Tennessee home seller generally has to give the buyer either a residential property disclosure statement or, if the buyer waives it, a disclaimer statement, before a purchase contract is accepted. That rule comes from the Tennessee Residential Property Disclosure Act, Tenn. Code Ann. 66-5-201 and following. Homes built before 1978 also need the federal lead-based paint disclosure.
The disclosure statement or the disclaimer
The Tennessee law covers sales of homes with one to four dwelling units. The owner "shall furnish to a purchaser one of the following": a disclosure statement about the condition of the property, "including any material defects known to the owner," or a disclaimer statement saying you make no representations or warranties and the buyer takes the home "as is."
The disclaimer has a condition attached. In the statute's words, "A disclaimer statement may only be permitted where the purchaser waives the required disclosure." If the buyer won't waive it, you fill out the disclosure.
A few more points from the statute:
- Timing: the statement goes to the buyer "prior to the acceptance of a real estate purchase contract," and acceptance means "the full execution of a real estate purchase contract by all parties" (66-5-203).
- No inspection required of you: "The owner shall not be required to undertake or provide any independent investigation or inspection of the property" (66-5-202).
- It isn't a warranty: the statement "is not a warranty of any kind by a seller and is not a substitute for inspections" (66-5-201).
- Changes before closing: if something changes, say a pipe bursts after the contract, you disclose "any material change in the physical condition of the property" at or before closing, or certify at closing that the condition "is substantially the same" (66-5-205).
Section 66-5-208 lets a buyer bring an action for actual damages for defects in the property, with a one-year deadline to file. I'm a Realtor, not an attorney. If you're unsure whether something counts as a material defect, talk to a Tennessee real estate attorney before you sign the form. My own rule is simple: if you know about it, put it on the form.
Which Tennessee sales are exempt?
Tennessee's disclosure law, at 66-5-209, lists transfers that are excluded. The ones most likely to come up in a by-owner sale:
- Transfers by a fiduciary in the course of administering a decedent's estate
- Transfers solely between co-owners
- Transfers solely to a spouse or to relatives in the lineal line
- The first sale of a dwelling when the builder offers a written warranty
- Property sold at public auction
- Transfers where the owner has not resided on the property at any time within three years
The federal lead paint rule is a separate requirement with its own exemptions. Before you rely on any exemption, confirm it with a Tennessee real estate attorney.
What else does Tennessee require a seller to disclose?
Tennessee adds specific items you disclose before you enter a contract with a buyer (66-5-212 and 66-5-213):
- Any known exterior injection well
- The results of any known percolation test or soil absorption rate determined or accepted by the Department of Environment and Conservation
- Whether a single-family home on the property was moved from one foundation to another, if you know
- Any known sinkhole on the property
- Whether the property is in a planned unit development, and on request, copies of its restrictive covenants, homeowner bylaws and master deed
Lead-based paint disclosure for homes built before 1978
If your Tennessee home was built before 1978, federal law adds its own disclosure. Before the buyer signs the contract, you give them the EPA pamphlet "Protect Your Family From Lead in Your Home," disclose any known lead-based paint or hazards, hand over any records or reports you have, and include the Lead Warning Statement.
The buyer gets a 10-day period to arrange a lead inspection or risk assessment, which they can waive. Keep a signed copy of the disclosures for three years after the sale.
For how this plays out on an actual listing, see seller disclosures in Thompson's Station.
How do you market and show a house you're selling by owner?
Market a by-owner home in Tennessee with strong photos, an accurate description of the home, a clear price, and a phone number you actually answer. Describe the property: bedrooms, baths, square footage, updates, lot size, the roof's age. Federal fair housing law covers by-owner ads too.
The Fair Housing Act exempts some owner sales from parts of the law, but the exemption reads "(other than subsection (c))," and subsection (c) is the rule against ads that show a preference or limitation based on a protected class (42 U.S.C. 3603(b) and 3604(c)). Write about the house, never about who should live in it.
For showings, confirm every appointment, get the visitor's name and phone number first, and lock up valuables and medications. If a buyer is financing, ask to see a preapproval letter before you give up a Saturday for a second showing.
How do offers, the contract and earnest money work in a by-owner sale?
In a Tennessee by-owner sale, the written purchase contract is the deal. Before you sign, make sure it spells out the price, the earnest money and who holds it, the inspection and financing deadlines, what happens if a deadline is missed, the closing date, and who pays which closing costs.
Earnest money is the deposit a buyer puts up to show they're serious. The contract should name who holds it, for example the title company or closing attorney, and say when the buyer gets it back and when you keep it.
I'm a Certified Negotiation Expert (CNE), and when I read an offer I look at the financing, the deadlines and the costs the buyer wants you to pay before I look at the price.
This is the step where I'd most want a Tennessee real estate attorney to draft or review the contract. I'm a Realtor, not an attorney, and a contract is where a missed deadline or a vague sentence costs real money.
If the buyer has an agent, any compensation to that agent is negotiable and gets agreed in writing.
What happens between the contract and closing?
After you sign a contract to sell your Tennessee home by owner, the buyer usually inspects, asks for repairs, and, if they're financing, works through the appraisal and final loan approval. Each step runs on a deadline written into your contract, so put every date on your calendar the day you sign.
Expect a repair request after the inspection. You can agree, offer a credit, counter or decline, and whatever you agree to goes in a written amendment, not a handshake.
If the buyer's loan calls for an appraisal and it comes in below the price, what happens next depends on what your contract says about appraisals. Ask the buyer for permission to stay in touch with their lender, so a loan problem doesn't surprise you the week of closing.
Who handles the closing when you sell by owner in Tennessee?
When you sell by owner in Tennessee, a title company or closing attorney usually runs the closing: they work the title, prepare the settlement statement, handle the money, and send the deed to the county Register of Deeds to be recorded. Pick one early and send them the signed contract as soon as you have it.
How much is the Tennessee transfer tax?
Tennessee's realty transfer tax is 37 cents per $100, figured on the sale price or the property's value, whichever is greater (Tenn. Code Ann. 67-4-409, rate as published by the Tennessee Department of Revenue, as of October 2026). On a $500,000 sale, that's $1,850.
The county Register of Deeds collects it when the deed is recorded. Who pays it surprises people: the statute says "This tax shall be paid by the grantee or transferee of the interest in real estate," which is the buyer. Read your contract's closing-cost section to see who's paying what. For the full list of seller-side costs, see seller closing costs in Thompson's Station.
Property tax figures are the county and city rates published for the year shown and are for planning only. Your actual bill depends on the assessed value, any exemptions and the city or district the home sits in. Confirm with the county assessor or trustee and your tax professional before you rely on a number.
How do you figure what you'll walk away with?
Your net from a Tennessee by-owner sale is the sale price minus your loan payoff, your share of closing costs, any repair credits and any prorations in your contract. Ask your lender for a payoff statement early; for a loan secured by your home, federal rules generally require an accurate payoff within seven business days of a written request.
Run your own numbers with my home sale calculator, then compare them line by line with the settlement statement before you sign anything at closing.
Can you offer owner financing when you sell by owner in Tennessee?
Yes, you can offer owner financing when you sell by owner in Tennessee. Instead of the buyer getting a bank loan, you carry the loan: the buyer signs a promissory note, secured by a deed of trust on the home, and pays you over time. Some by-owner sellers offer it to reach more buyers or to collect interest over time.
Federal lending rules can still apply to you as the lender. Regulation Z sets conditions on seller financing that include how many properties you finance in any 12-month period, how the loan amortizes and how the rate can adjust (12 CFR 1026.36(a)(4) and (a)(5)).
Have a Tennessee real estate attorney draft the note and deed of trust, and talk with your tax professional about how the payments are taxed. I'm a Realtor, not an attorney. For the basics, read what seller financing is and how it works, test a payment with the seller finance calculator, or see the other creative ways to sell.
When does it make sense to call an agent?
It makes sense to call an agent when the sale needs more time or reach than you have: you're on a deadline, you're buying your next home at the same time, the home has issues that take careful disclosure and negotiation, or your offers keep falling apart at inspection or appraisal. Plenty of owners sell on their own just fine.
I've been licensed since 2013, investing in real estate since 2005, and I live in Canterbury in Thompson's Station. I sell homes across Williamson, Maury and Davidson counties. If speed matters more to you than squeezing out the last dollar, I can also get you cash offers to compare. More on how I work with sellers is on my sellers page.
If you're selling on your own and get stuck, or you'd like a straight answer on what I'd do with your house, text or call me at 615-392-1186. You can also reach me through my contact page.
Frequently asked questions
Can you sell a house by owner in Tennessee?
Yes. Tennessee's real estate license law does not apply to "an owner of real estate with respect to property owned or leased by such person," so you can sell your own home in Tennessee without hiring an agent. You still owe the buyer the state disclosures, the federal lead paint paperwork on older homes, and a properly recorded deed.
What disclosures does a Tennessee home seller have to give?
A Tennessee home seller generally has to give the buyer either a residential property disclosure statement or, if the buyer waives it, a disclaimer statement, before a purchase contract is accepted. That rule comes from the Tennessee Residential Property Disclosure Act, Tenn. Code Ann. 66-5-201 and following. Homes built before 1978 also need the federal lead-based paint disclosure.
Do I need a lead paint disclosure to sell my house in Tennessee?
If your Tennessee home was built before 1978, federal law adds its own disclosure. Before the buyer signs the contract, you give them the EPA pamphlet "Protect Your Family From Lead in Your Home," disclose any known lead-based paint or hazards, hand over any records or reports you have, and include the Lead Warning Statement.
How much is the transfer tax when you sell a house in Tennessee?
Tennessee's realty transfer tax is 37 cents per $100, figured on the sale price or the property's value, whichever is greater (Tenn. Code Ann. 67-4-409, rate as published by the Tennessee Department of Revenue, as of October 2026). On a $500,000 sale, that's $1,850.
Who handles the closing when you sell by owner in Tennessee?
When you sell by owner in Tennessee, a title company or closing attorney usually runs the closing: they work the title, prepare the settlement statement, handle the money, and send the deed to the county Register of Deeds to be recorded. Pick one early and send them the signed contract as soon as you have it.
Can you offer owner financing when you sell by owner in Tennessee?
Yes, you can offer owner financing when you sell by owner in Tennessee. Instead of the buyer getting a bank loan, you carry the loan: the buyer signs a promissory note, secured by a deed of trust on the home, and pays you over time. Some by-owner sellers offer it to reach more buyers or to collect interest over time.
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