I was unaware that this Amendment had gone into effect. What if a disclosure statement should have been provided pursuant to § 66-5-211 but the closing has already occurred?
Fortunately, § 66-5-211 does not provide a deadline by which the disclosure must be provided. In the event a disclosure statement should have been provided but was not, it is not too late to remedy that omission. If you represented the owner, you should explain to him his/her duty under Tenn. Code Ann. § 66-5-211 to furnish the purchaser with a statement disclosing the amount of any impact fees or adequate facilities taxes paid to any city or county. You should then make sure that this disclosure is completed and provided to the purchaser. If you represented the purchaser, you should contact the listing broker or the owner if he/she was unrepresented and obtain the disclosure so that you can provide it to the purchaser.
