[SOLVED] Exactly When Does the Seller Disclosure Clock Start — Contract Execution or Acceptance?
Broker
Quick contract question for the group — seller is in Tennessee and I’m getting conflicting information from two different agents about when the disclosure clock starts. Is it from contract execution (all parties signed), or from acceptance (seller signs buyer’s offer)? We’re using the standard TAR form. Disclosure deadline is 3 days and the seller is slow. Need clarity before I send a reminder notice.
Broker
In Tennessee, under TCA 66-5-202, the disclosure clock starts from contract acceptance — meaning when the seller accepts and the contract becomes binding. Not from when the buyer counter-signs or from a separate execution date. The three days begins the moment you have a fully executed, binding contract. However — and this matters — if the seller already delivered disclosure prior to offer, the clock resets differently. What’s the timeline on their delivery relative to when you went under contract?
Broker
The seller had not delivered disclosure before offer — this is a new listing and the seller is still gathering the documentation. So if contract acceptance was the start, we’re already at day 2. I’m sending the reminder notice now. Thank you, Dave. I’m marking this solved. Will also flag this timing question in my pre-listing checklist going forward so I’m not chasing disclosure docs after we go under contract.
Pro
Adding for anyone reading this thread from other states: the disclosure clock rules vary significantly. Georgia’s Property Disclosure Act has different timing, and some states (notably California) have pre-contract disclosure requirements rather than post-contract. If you’re ever working a cross-state referral, do not assume your home state’s disclosure timeline applies. Worth 15 minutes with a transaction coordinator who knows that state’s rules before you go under contract.