Title 62, Professions, Businesses and Trades

(a) The commission shall have an executive director, who shall have passed the broker's examination for this state. The commission shall set all other qualifications necessary for the position of executive director. The executive director shall be appointed by the commission, wit…

(a) There is established within the general fund a real estate education and recovery account, referred to as the “account” in this section. All funds received by the commission under this section shall be deposited into the account and held solely for the purposes of this sectio…

The commission shall have a full time general counsel. The general counsel shall be a graduate of an accredited law school and admitted to practice law in this state.

It is unlawful for any person, directly or indirectly, to engage in or conduct, to advertise or claim to be engaging in or conducting the business, or acting in the capacity of a real estate broker, affiliate broker, time-share salesperson or acquisition agent, as defined in § 62…

(a) It is unlawful for any licensed broker to employ or compensate any person who is not a licensed broker or a licensed affiliate broker for performing any of the acts regulated by this chapter. A licensed broker may pay a commission to a licensed broker of another state if the …

(a) (1) Licenses shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity and competence to transact the business of broker, affiliate broker or time-share salesperson in a manner to safeguard the interest of the public and only after sa…

(a) (1) In addition to submitting proof of honesty, trustworthiness, integrity and good reputation, each applicant shall pass a written examination prepared by or under the supervision of the commission.(2) The examination may be given orally at the discretion of the commission i…

(a) All licenses issued under this chapter shall expire two (2) years from the date the license was issued or renewed. All documentation and fees that are a prerequisite to the renewal of a license or registration shall be delivered to the commission prior to the expiration date …

The commission shall prescribe in its rules and regulations all fees to be paid before any examinations shall be given or licenses issued by the commission as provided in this chapter.

(a) (1) (A) Each office shall have a real estate firm license, a principal broker and a fixed location with adequate facilities for affiliated licensees.(B) Each branch location shall comply with the requirements of subdivision (a)(1)(A).(2) The license of a broker and of each af…

(a) Whenever the contractual relationship between a broker and affiliate broker is terminated, the present broker shall immediately sign and date the change of affiliation form prescribed by the commission. The affiliate broker may act under a contract with another broker upon co…

Whenever any person, partnership, association, company, firm or corporation claiming to have been injured or damaged by the gross negligence, incompetency, fraud, dishonesty or misconduct on the part of any licensee following the calling or engaging in the business described in t…

(a) The commission may, upon its own motion, and shall, upon the verified complaint in writing of any person setting forth a cause of action under this section, ascertain the facts and, if warranted, hold a hearing for reprimand or for the suspension or revocation of a license. (…

(a) (1) Before refusing to issue a license or suspending or revoking an existing license upon the verified written complaint of any person setting out a cause of action under § 62-13-312, the commission shall, in writing, notify the accused applicant or licensee of its receipt of…

(a) (1) A nonresident of this state who is a licensed broker, affiliate broker or time-share salesperson or equivalent real estate licensee in another state may apply for a license as a broker or affiliate broker in this state by submitting appropriate application to the commissi…

(a) A broker, affiliate broker, or other person licensed by the real estate commission may receive compensation directly to a business entity that:(1) Is solely owned by that broker, affiliate broker, or other person; and(2) Has been formed for the purpose of receiving compensati…

(a) The commission shall keep a register of all applicants for license, showing for each the date of application, name, place of business, place of residence and whether the license was granted or refused. (b) The register shall be prima facie evidence of all matters recorded in …

(a) The commission may, from time to time, at its discretion, publish a directory of all brokers and affiliate brokers licensed by the commission. The directory shall contain other data that the commission may determine to be in the interest of the public. (b) The directory shall…

(a) (1) Upon written request accompanied by the license and the fee for change of status, any real estate firm, real estate broker, affiliate broker, time-share salesperson, or acquisition agent may temporarily retire the license.(2) If the retiree wishes to remain in retirement …

(a) The license of any broker, affiliate broker, time-share salesperson or acquisition agent who fails timely to pay a renewal or retirement fee or to comply with any prerequisite or condition to licensure or renewal may be reinstated without examination within sixty (60) days af…

The holder of a valid broker's license shall, upon the holder's written request, be entitled to surrender the license to the commission in exchange for an affiliate broker's license.

(1) Every broker shall, in accordance with rules promulgated by the commission under § 62-13-203, keep an escrow or trustee account of funds deposited with the broker relating to a real estate transaction. The broker shall maintain for a period of at least (3) years accurate reco…

(a) The principal broker of a real estate firm that does not engage in activities that require the acceptance of any funds belonging to others may receive from the Tennessee real estate commission a waiver from § 62-13-321. (b) Upon receipt of a waiver by the Tennessee real estat…

(a) In order to be eligible for approval by the commission, a course in real estate designed to meet the educational requirements established in § 62-13-303 shall be under the personal and direct supervision of an instructor who:(1) Has completed a Tennessee real estate commissio…

(a) “Distance education” shall be used interchangeably with “correspondence courses” and includes all education through other media where the teacher and student are separated by distance or time. Distance education courses approved by the commission must be completed within one …

A real estate licensee may provide real estate services to any party in a prospective transaction, with or without an agency relationship to one (1) or more parties to the transaction. Until such time as a licensee enters into a specific written agreement to establish an agency r…

(a) If a real estate licensee is engaged as an agent, the real estate licensee serves as a limited agent retained to provide real estate services to a client. The licensee shall function as an intermediary in negotiations between the parties to a transaction unless the parties ne…

(1) A licensee who provides real estate services in a real estate transaction shall owe all parties to the transaction the following duties, except as provided otherwise by § 62-13-405, in addition to other duties specifically set forth in this chapter or the rules of the commiss…

(1) Any licensee who acts as an agent in a transaction regulated by this chapter owes to the licensee's client in that transaction the following duties, to:(1) Obey all lawful instructions of the client when the instructions are within the scope of the agency agreement between li…

(a) If a licensee personally assists a prospective buyer or seller in the purchase or sale of a property and the buyer or seller is not represented by this or any other licensee, the licensee shall verbally disclose to the buyer or seller the licensee's facilitator, agent, subage…

(a) A licensee entering into a written agreement to represent any party in the buying, selling, exchanging, renting or leasing of real estate may be appointed as the designated and individual agent of this party by the licensee's managing broker, to the exclusion of all other lic…

A client or other party to whom a real estate licensee provides services as an agent, subagent or facilitator shall not be liable for damages for the misrepresentations of the licensee arising out of the licensee's services unless the client or party knew or had reason to know of…

This part shall supersede common law to the extent common law is inconsistent with this part.

(1) As used in this part, unless the context otherwise requires:(1) “Broker” has the same meaning as used in § 62-13-102; (2) (A) “Commercial real estate” means any real estate other than:(i) Real estate containing one (1) to four (4) residential units; or(ii) Real estate on whic…

A broker who, pursuant to a contract in writing entered into after October 1, 1997, has earned and is owed a fee or commission with respect to a lease or upon the exercise of an option for renewal or expansion of the lease, whether payable over time or in a lump sum, from the own…

(a) The obligation of a subsequent owner shall be subject to the terms, conditions and defenses available to the contracting parties. A subsequent owner shall be liable for the fees or commissions only to the extent that the subsequent owner receives rents pursuant to leases with…

The prevailing party in any litigation seeking to enforce the cause of action granted in § 62-13-502 or in seeking to recover damages or other relief for the wrongful refusal or failure to release the notice as required by § 62-13-503(f) shall be entitled to recover attorney fees…

No title examiner, title insurer, abstracter or closing agent shall have any responsibility or liability related to the contents of any document that is the subject of a notice recorded pursuant to this part so long as the title examiner, title insurer, abstractor or closing agen…

(1) As used in this part, unless the context otherwise requires:(1) “Agency contract” means a valid written contract authorizing a real estate licensee to act as a party's exclusive agent for the purchase, sale or lease of real estate;(2) “Agency relationship” means the relations…

(1) Reasonable cause does not exist unless the party seeking the referral fee actually introduced the business to the real estate licensee from whom the referral fee is sought and at least one (1) of the following other conditions exists as between the party seeking the referral …

(a) It is unlawful for any person or entity to:(1) Solicit or request a referral fee from a real estate licensee without reasonable cause; or(2) Threaten to reduce or withhold employee relocation benefits or to take other action adverse to the interests of a client of a real esta…

It is unlawful for a real estate licensee, a relocation firm or a firm with a corporate relocation policy or benefits, or anyone on behalf of any such licensee or firm, to counsel a client of another real estate licensee on how to terminate or amend an existing agency contract. C…

(a) In order to safeguard the life, health or property of the public, the practice of land surveying in this state is declared to be subject to regulation in the public interest. (b) It is unlawful for any person to practice or offer to practice land surveying in the state or to …

(1) As used in this part, unless the context otherwise requires:(1) “Board” means the state board of examiners for architects, engineers, and land surveyors created by § 62-2-201;(2) “Land surveyor” means a person who is engaged in the practice of land surveying;(3) “Practice of …

(a) The board shall, in compliance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, promulgate rules that incorporate and establish minimum acceptable standards of practice for licensed land surveyors. (b) The board may establish continuing educatio…

(a) (1) The board shall consider and evaluate a land surveyor applicant's qualifications based on:(A) The applicant's educational, technical, and land surveying experience;(B) Exhibits of land surveying projects with which the applicant has been associated;(C) Recommendations and…