The broad shape of a sale there, as the research found it. Counties and cities add their own rules on top of all of this.
Closing model — title company OR attorney; not mandatory attorneyTennessee permits both. UPL is governed by Tenn. Code Ann. § 23-3-101 et seq.; the Tennessee Supreme Court in *Petition of Burson*, 909 S.W.2d 768, 776 (Tenn.
Marital-property regime — common law (NOT community property)
Homestead / spousal joinderHomestead exemption T.C.A. § 26-2-301. Recent change (2021 Pub. Ch. 301, eff. Jan. 1, 2022): the exemption is now $35,000 for an individual and up to $52,500 combined for individuals who joi...
Tenancy by the entiretyRecognized (T.C.A. § 66-1-109); both spouses must sign to convey TBE property — the Tennessee spousal-signature mechanism.
Standard deed typeWarranty deed and special (limited) warranty deed; quitclaim. Statutory forms/warranty language T.C.A. § 66-5-103 (statutory covenants), § 66-5-102, § 66-5-104.
Disclosure regime — statutory disclosure OR disclaimer (with buyer waiver)T.C.A. § 66-5-201 et seq. (Tennessee Residential Property Disclosure Act).
Death disclosure — no liabilityT.C.A. § 66-5-209 protects sellers/agents from liability for failure to disclose a death or other specified non-material facts on the property.
Transfer tax — comparatively high, split by conventionT.C.A. § 67-4-409: realty transfer tax $0.37 per $100 (0.37%) of the greater of consideration or value; indebtedness (mortgage) tax $0.115 per $100 (first $2,000 exempt).
No state income taxHall income tax (on interest/dividends) repealed effective 2021; no state non-resident seller withholding. FIRPTA still applies to foreign sellers.
RON status — since July 1, 2019Online Notary Public Act, T.C.A. § 8-16-301 et seq. Verify current Secretary of State registration and any 2023–2026 amendments.
Recording act — noticeT.C.A. § 66-26-103 (unrecorded instrument void as to subsequent BFPs/creditors without notice); recorded with the Register of Deeds in each county (T.C.A. § 66-24-101).
Notable overlaysSinkhole/karst (middle TN); TVA-managed shoreline; termite letters by convention; radon (EPA Zone 1 counties).