Tennessee House Bill HB0623

Tennessee 2023-2024 Regular Session

• Introduced: 1/26/23
• Refer: 2/1/23
• Refer: 2/28/23
• Refer: 3/7/23
• Engrossed: 3/16/23
• Enrolled: 1/25/24
• Passed: 2/14/24
• Chaptered: 3/15/24

Caption

AN ACT to amend Tennessee Code Annotated, Title 56 and Title 66, relative to sinkholes.

Impact

With this legislation, sellers are obligated to disclose any known presence of sinkholes, regardless of whether these features are indicated on property maps. This change is significant as it not only protects consumers from unforeseen property issues but also standardizes the disclosure process across the state. It specifically relates to the amendment of Section 66-5-212 of the Tennessee Code, which deals with property disclosures.

Summary

House Bill 623 aims to amend the Tennessee Code Annotated, specifically related to the management and disclosure of sinkholes in real estate transactions. By requiring sellers to disclose known sinkholes prior to entering into a contract with a buyer, the bill seeks to enhance transparency in real estate dealings. This act underscores the significance of informing potential buyers about geological concerns that could affect property value or safety.

Sentiment

The sentiment around HB 623 appears to be largely positive, particularly among consumer advocacy groups who view the changes as a necessary step to safeguard homebuyers from potential hazards associated with sinkholes. However, the bill may not be without its critics, especially among certain stakeholders in the real estate industry who may see the additional disclosure requirements as an administrative burden.

Contention

One notable point of contention surrounding HB 623 involves the interpretation of what constitutes a `known` sinkhole, along with the implications for sellers who may be unaware of such geological features. Additionally, the effectiveness of the bill depends on adequate consumer education regarding the nature and consequences of sinkholes, as well as the enforcement of the disclosure requirement, which could lead to discussions on compliance and liability.