reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 1 - GENERAL PROVISIONS (§§ 62-13-101 — 62-13-112) › Section 62-13-105 - Action by broker to collect compensation

No action or suit shall be instituted, nor recovery be had by any person, in any court of this state for compensation for any act done or service rendered, the doing or rendering of which is prohibited under this chapter to other than by licensed brokers, affiliate brokers or time-share salespersons, unless the person was duly licensed under this chapter as a broker, affiliate broker or time-share salesperson at the time of performing or offering to perform any such act or service or procuring any promise or contract or the payment of compensation for any such contemplated act or service.
Acts 1973, ch. 181, § 6; 1981, ch. 473, § 3; T.C.A., § 62-1308; Acts 1989, ch. 89, §§ 3, 4.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 1 - GENERAL PROVISIONS (§§ 62-13-101 — 62-13-112) › Section 62-13-106 - Courses of study

(a)
The real estate commission is authorized and empowered to promulgate rules and regulations relative to the establishment and conducting of any course, courses of study or instruction that are designed to satisfy the educational requirements of §
62-13-303
. The commission shall establish application fees for educational courses submitted for approval, which fees shall be deposited in the recovery fund interest account to be used by the commission for educational purposes.
(b)
As a condition to meeting the requirements of §
62-13-303
, the course, course of study or instruction shall be established and conducted in accordance with the rules and regulations of the commission.
(c)
It is unlawful for any person offering courses or conducting classes in real estate subjects to represent that its students are assured of passing examinations given by the commission for the issuance of licenses required by this chapter.
(d)
A violation of this section is a Class C misdemeanor.
Acts 1973, ch. 181, §§ 8(g), 10; 1981, ch. 473, § 15; T.C.A., § 62-1331, 62-1332; Acts 1989, ch. 324, § 1; 1989, ch. 591, § 113.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 1 - GENERAL PROVISIONS (§§ 62-13-101 — 62-13-112) › Section 62-13-107 - Clinics and institutes

The real estate commission is authorized to conduct, hold or assist in conducting or holding real estate clinics, meetings, courses or institutes and to incur the necessary expenses in connection with the clinics, meetings, courses or institutes, which shall be open to all licensees.
Acts 1973, ch. 181, § 8(h); T.C.A., § 62-1333.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 1 - GENERAL PROVISIONS (§§ 62-13-101 — 62-13-112) › Section 62-13-108 - Study and research programs

The real estate commission is authorized to assist educational institutions within this state in sponsoring studies, research and programs for the purpose of raising the standards of professional practice in real estate and the competence of licensees in the public interest.
Acts 1973, ch. 181, § 8(i); T.C.A., § 62-1334.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 1 - GENERAL PROVISIONS (§§ 62-13-101 — 62-13-112) › Section 62-13-109 - Injunctions authorized for enforcement

In addition to the powers and duties otherwise conferred upon the commission in this chapter, the commission is empowered to petition any circuit or chancery court having jurisdiction of any person in this state who is violating this chapter, either with or without a license under this chapter, to enjoin the person from continuing the violation; and jurisdiction is conferred upon the circuit and chancery courts of this state to hear and determine the causes.
Acts 1973, ch. 181, § 18(d); T.C.A., § 62-1338.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 1 - GENERAL PROVISIONS (§§ 62-13-101 — 62-13-112) › Section 62-13-110 - Penalties

(a)
(1)
Any person acting as a broker, affiliate broker, time-share salesperson or acquisition agent without first obtaining a license commits a Class B misdemeanor.
(2)
A corporation that violates subdivision (a)(1) is ineligible to obtain a license for a period of one (1) year from the date of conviction of the offense.
(b)
Any person acting as a broker, affiliate broker, time-share salesperson or acquisition agent without first obtaining a license who has received any money or the equivalent of money as a fee, commission, compensation or profit by or in consequence of a violation of this chapter, is, in addition, liable for a penalty of no less than the amount of the sum of money so received and no more than three (3) times the sum so received, as may be determined by the court, which penalty may be recovered in any court of competent jurisdiction by any person aggrieved.
Acts 1973, ch. 181, § 18(a), (b), (c); T.C.A., § 62-1339; Acts 1982, ch. 589, §§ 1, 2; 1982, ch. 864, §§ 11, 12; 1989, ch. 89, § 5; 1989, ch. 591, § 112; 2002, ch. 812, § 3.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 1 - GENERAL PROVISIONS (§§ 62-13-101 — 62-13-112) › Section 62-13-111 - Hearing and judicial review

The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs all matters and procedures respecting the hearing and judicial review of any contested case arising under this chapter.
Acts 1980, ch. 451, § 11; T.C.A., § 62-1343.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 2 - TENNESSEE REAL ESTATE COMMISSION (§§ 62-13-201 — 62-13-209) › Section 62-13-201 - Creation - Members

(a)
There is created the Tennessee real estate commission, referred to in this part as the "commission," which consists of nine (9) members appointed by the governor, each of whom shall be a resident of this state and shall possess good moral character.
(b)
Seven (7) of the members shall each have been principally engaged as a licensed broker or affiliate broker in this state for at least five (5) years prior to the date of the member's appointment and shall be of recognized business standing.
(c)
Each of the remaining two (2) members of the commission shall be a person who is not engaged in or conducting the business or acting in the capacity of a real estate broker or affiliate broker, nor shall the two (2) remaining members be engaged in the business of real estate financing or development.
(d)
(1)
Every member of the commission shall be appointed for a term of five (5) years and shall serve until a successor is appointed and qualifies by subscribing to the constitutional oath of office, which shall be filed with the secretary of state.
(2)
Any vacancy occurring on the commission shall be filled by the governor for the unexpired term.
(3)
No members shall be appointed to succeed themselves for more than one (1) full term.
(4)
The governor may remove any member of the commission for misconduct, incompetency or willful neglect of duty.
(5)
Three (3) members shall be appointed from the eastern grand division, three (3) members shall be appointed from the middle grand division and three (3) members shall be appointed from the western grand division. No more than one (1) of the members appointed pursuant to subsection (c) shall reside in the same grand division. No more than three (3) of the members appointed pursuant to subsection (b) shall reside in the same grand division.
(6)
In making appointments to the commission, the governor shall strive to ensure that at least one (1) person serving on the commission is sixty (60) years of age or older and that at least one (1) person serving on the commission is a member of a racial minority.
Acts 1973, ch. 181, § 7(a)-(e); 1980, ch. 870, § 3; T.C.A., § 62-1309; Acts 1984, ch. 676, § 9; 1988, ch. 1013, § 31; 1993, ch. 172, §§ 1-3.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 2 - TENNESSEE REAL ESTATE COMMISSION (§§ 62-13-201 — 62-13-209) › Section 62-13-202 - Commission a judicial body - Civil liability

(a)
The commission is declared to be a judicial body and the members or its employees are granted immunity from any civil liability when acting in good faith in the performance of their duties under this chapter.
(b)
Should litigation be filed against members of the commission arising from the performance of their duties under this chapter, the commissioners shall be defended by the attorney general and reporter.
Acts 1973, ch. 181, § 16(c); T.C.A., § 62-1310.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 2 - TENNESSEE REAL ESTATE COMMISSION (§§ 62-13-201 — 62-13-209) › Section 62-13-203 - Organization - Powers

(a)
Upon qualification of the members appointed, the commission shall organize itself by selecting from its members a chair and a vice chair and shall have the power to do all things necessary and proper for carrying out this chapter not inconsistent with the laws of this state. The commission may promulgate and adopt bylaws, rules and regulations that are reasonably necessary for such purpose. The promulgation and adoption of rules and regulations authorized by this section shall be pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b)
The commission's rules and regulations may incorporate and establish canons of ethics and minimum acceptable standards of practice for licensees.
(c)
Each member of the commission shall receive a certificate of appointment from the governor before entering upon the discharge of the duties of office.
(d)
The commission or any committee of the commission shall be entitled to the services of the attorney general and reporter or the legal department of this state in connection with the affairs of the commission.
(e)
The commission may prefer a complaint for violation of this chapter before any court of competent jurisdiction, and it may take the necessary legal steps through the proper legal officer of the state to enforce this chapter and collect the penalties provided in this chapter.
Acts 1973, ch. 181, § 7(b), (c); 1981, ch. 473, § 4; T.C.A., § 62-1311; Acts 1987, ch. 419, §§ 1, 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 2 - TENNESSEE REAL ESTATE COMMISSION (§§ 62-13-201 — 62-13-209) › Section 62-13-204 - Regulation of fees or commissions

Nothing in this chapter shall allow the commission to set fees or commissions for real estate contracts or transactions; and if the practice is found to be in actual practice in the field, if because of action of the commission, all members of the commission shall forfeit their licenses.
Acts 1973, ch. 181, § 21; T.C.A., § 62-1312.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 2 - TENNESSEE REAL ESTATE COMMISSION (§§ 62-13-201 — 62-13-209) › Section 62-13-205 - Record of proceedings - Seal

(a)
The commission shall keep a record of its proceedings and shall adopt a seal of such design as it shall prescribe for the certification of the record.
(b)
The executive director shall have custody and charge of the seal.
(c)
Copies of all records and papers in the office of the commission, duly certified and authenticated by its seal, shall be received in evidence in all courts with like effect as the original.
Acts 1973, ch. 181, § 7(f); T.C.A., § 62-1313.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 2 - TENNESSEE REAL ESTATE COMMISSION (§§ 62-13-201 — 62-13-209) › Section 62-13-206 - Meetings

(a)
The commission may hold meetings it may deem necessary for the purpose of transacting business that may properly come before it. All members of the commission shall be duly notified of the time and place of each meeting.
(b)
A majority of the commission constitutes a quorum at any meeting of the commission.
(c)
The commission shall hold at least one (1) meeting annually in each grand division of the state.
Acts 1973, ch. 181, § 7(g); 1981, ch. 473, § 5; T.C.A., § 62-1314; Acts 2007, ch. 572, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 2 - TENNESSEE REAL ESTATE COMMISSION (§§ 62-13-201 — 62-13-209) › Section 62-13-207 - Executive director - Director of education - Qualifications

(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, with the approval of the commissioner of personnel. The term of the executive director shall be four (4) years, and the executive director shall be eligible for reappointment. The commission shall also retain an administrator and other staff members that the commission may deem necessary and proper. The commission shall fix the compensation to be paid to the executive director, the administrator and staff of the commission, subject to applicable rules, regulations and law.
(b)
The commission shall have a full-time director of education. The director of education shall have a college degree from an accredited university.
Acts 1973, ch. 181, § 7(d); 1975, ch. 165, § 11; 1978, ch. 906, § 23; T.C.A., § 62-1315; Acts 1993, ch. 293, § 1; 1994, ch. 702, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 2 - TENNESSEE REAL ESTATE COMMISSION (§§ 62-13-201 — 62-13-209) › Section 62-13-209 - General counsel

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.
Acts 1994, ch. 595, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 3 - QUALIFICATIONS AND LICENSING (§§ 62-13-301 — 62-13-325) › Section 62-13-301 - License requirement

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 §
62-13-102
, within this state, without first obtaining a license as broker, affiliate broker, time-share salesperson or acquisition agent, as provided in this chapter, unless exempted from obtaining a license under §
62-13-104
. No person shall be permitted to hold, at the same time, an active time-share salesperson license and an active acquisition agent license.
Acts 1973, ch. 181, § 2; 1981, ch. 473, § 2; T.C.A., § 62-1303; Acts 1989, ch. 89, § 7; 2002, ch. 812, § 2; 2004, ch. 456, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 3 - QUALIFICATIONS AND LICENSING (§§ 62-13-301 — 62-13-325) › Section 62-13-302 - Employment by broker of unlicensed broker or broker in another state

(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 nonresident broker does not conduct in this state any of the negotiations for which a commission is paid.
(b)
A real estate licensee shall not give or pay cash rebates, cash gifts or cash prizes in conjunction with any real estate transaction. As part of the Tennessee real estate commission's general rulemaking authority the commission may regulate the practices of real estate licensees regarding gifts, prizes or rebates that are not otherwise prohibited by law.
Acts 1973, ch. 181, § 13(a); T.C.A., § 62-1306; Acts 2007, ch. 266, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 3 - QUALIFICATIONS AND LICENSING (§§ 62-13-301 — 62-13-325) › Section 62-13-307 - Expiration and renewal of licenses - Penalty

(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 of the license.
(b)
The license of any broker, affiliate broker, time-share salesperson or acquisition agent who fails to deliver all documentation or to pay fees that are a prerequisite to the renewal of a license or registration no later than sixty (60) days prior to the expiration date of the license shall not be renewed except upon providing the documentation prior to the expiration date of the license and payment of the fees, plus a penalty fee of no more than fifty dollars ($50.00) per month, or portion of a month, that the documentation or fees are late.
Acts 1973, ch. 181, § 12(f); 1979, ch. 148, § 1; 1981, ch. 473, § 8; T.C.A., 62-1320; Acts 1982, ch. 864, §§ 7, 18; 1984, ch. 810, § 2; 1988, ch. 919, § 4; 1989, ch. 89, § 13; 1989, ch. 360, § 7; 1990, ch. 1026, § 40; 2000, ch. 861, § 2; 2003, ch. 97, § 1; 2005, ch. 252, § 2; 2010, ch. 666, § 3.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 3 - QUALIFICATIONS AND LICENSING (§§ 62-13-301 — 62-13-325) › Section 62-13-308 - Examination and license fees

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.
Acts 1973, ch. 181, § 11(a); 1980, ch. 870, § 5; 1981, ch. 473, § 9; T.C.A., § 62-1321; Acts 1984, ch. 810, § 3; 1989, ch. 89, §§ 14-16; 1989, ch. 523, § 148.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 3 - QUALIFICATIONS AND LICENSING (§§ 62-13-301 — 62-13-325) › Section 62-13-310 - Affiliate broker relationship to broker

(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 completion and transmittal to the commission of the form, accompanied by the fee established pursuant to §
62-13-308
. The affiliate broker shall assure that the completed form and fee are promptly transmitted and that the affiliate broker's license is prominently displayed in the new broker's principal place of business.
(b)
Licensees may not post signs on any property advertising themselves as real estate agents unless the firm's name appears on the signs in letters the same size or larger than those spelling out the name of the licensee.
(c)
Any unlawful act or violation of this chapter by any affiliate broker may not be cause for the suspension or revocation of the license of the broker with whom the affiliate broker is affiliated.
Acts 1973, ch. 181, §§ 12(c), (e), 16(b); 1981, ch. 473, §§ 10, 11; T.C.A., § 62-1324; Acts 1982, ch. 864, § 8; 1990, ch. 946, § 5.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 3 - QUALIFICATIONS AND LICENSING (§§ 62-13-301 — 62-13-325) › Section 62-13-311 - Revocation of license by court - Reinstatement

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 this chapter files suit upon the claim against the licensee in any court of record in this state and recovers judgment on the claim, the court may as part of its judgment or decree in such cases, if it deem it a proper case in which so to do, revoke the certificate of license granted under this chapter, and the certificate of license shall not be reissued to the licensee except upon the consenting vote of six (6) of the members of the commission in favor of reissuance.
Acts 1973, ch. 181, § 15; T.C.A., § 62-1325; Acts 1982, ch. 864, § 9.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 3 - QUALIFICATIONS AND LICENSING (§§ 62-13-301 — 62-13-325) › Section 62-13-313 - Notice - Hearing

(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 the complaint, enclosing a copy of the complaint.
(2)
The accused applicant or licensee shall, within ten (10) days, file with the commission the applicant's or licensee's answer to the complaint, a copy of which shall be transmitted to the complainant.
(3)
If, after investigation, the commission determines that the matter should have a hearing, a time and place for the hearing shall be set.
(4)
If, upon review of the complaint or at anytime thereafter, the commission determines that the complaint was not filed in a timely manner or there is no reasonable cause to believe that the applicant or licensee has engaged in the alleged violation or violations of §
62-13-312
, the commission shall issue an order to that effect; and a copy of the order shall be furnished to the complainant, the applicant or licensee and the public officers and persons that the commission deems proper.
(b)
All notices and answers required or authorized to be made or filed under this section may be served or filed personally or by first-class mail to the last known business address of the addressee. If served personally, the time shall run from the date of service and if by first-class mail, from the postmarked date of the letter enclosing the document.
(c)
The affirmative vote of a majority of the commission shall be necessary to revoke or suspend a license.
(d)
In the event the matter contained in the complaint has been filed or made a part of a case pending in any court in this state, the commission may then withhold its decision until the court action has been concluded.
(e)
Any complaint filed with the commission pursuant to this chapter shall be filed within the longer of the following:
(1)
Two (2) years from the date of commission of the alleged violation of §
62-13-312
or the date that the complainant actually became aware of the violation;
(2)
The applicable statute of limitations set out in §
40-2-101
, if the violation of §
62-13-312
also constitutes a criminal offense; or
(3)
Ten (10) days after a successful criminal prosecution becomes final, if the violation of §
62-13-312
also constitutes a criminal offense and the time required for prosecution of the offense exceeds the time specified in subdivision (e)(1) or (e)(2).
Amended by 2021 Tenn. Acts, ch. 549, s 30, eff. 10/1/2021.
Acts 1973, ch. 181, § 16(a); 1980, ch. 451, § 4; T.C.A., § 62-1327; Acts 2006, ch. 776, §§ 1, 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 3 - QUALIFICATIONS AND LICENSING (§§ 62-13-301 — 62-13-325) › Section 62-13-315 - Receipt of compensation of broker, affiliate broker, or other licensed person by business entity

(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 compensation earned by that broker, affiliate broker, or other person for acts regulated by this chapter.
(b)
A business entity formed for the purpose stated in subdivision (a)(2) is not required to be licensed under this chapter so long as the sole owner of the business entity is licensed by the real estate commission.
Added by 2021 Tenn. Acts, ch. 94,s 1, eff. 4/7/2021.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 3 - QUALIFICATIONS AND LICENSING (§§ 62-13-301 — 62-13-325) › Section 62-13-316 - Register of applicants required

(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 the register.
Acts 1973, ch. 181, § 19(a); T.C.A., § 62-1335.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 3 - QUALIFICATIONS AND LICENSING (§§ 62-13-301 — 62-13-325) › Section 62-13-317 - Directory of licensed brokers and affiliate brokers

(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 be mailed to and placed on file in the office of the county clerk of each county.
Acts 1973, ch. 181, § 19(b); impl. am. Acts 1978, ch. 754, § 8; Acts 1980, ch. 707, § 2; T.C.A., § 62-1336; Acts 1982, ch. 864, § 10.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 3 - QUALIFICATIONS AND LICENSING (§§ 62-13-301 — 62-13-325) › Section 62-13-318 - Temporary retirement

(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 for any portion of a subsequent license renewal period, the retiree shall pay the required license renewal fee prior to the license expiration date.
(3)
No retired licensee may engage in any act defined in §
62-13-102
.
(4)
The retiree is responsible for advising the commission of the retiree's current mailing address.
(b)
(1)
A licensee wishing to reactivate a license from retirement status shall submit the proper form and fee for a change of status.
(2)
Reactivation of a temporarily retired license shall not be permitted until the licensee provides proof of completion of sixteen (16) classroom hours in real estate courses as specified in §
62-13-303
during the current license renewal period.
(c)
Any license in inactive status with the commission on July 1, 2016, shall be transferred to retirement status on that date.
(d)
Notwithstanding the requirements of this section or§ 62-13-319, if a licensee is in good standing with the commission at the time the person's license is temporarily retired and, as a retiree, the person has not paid the license renewal fee as required under subdivision (a)(2), causing the license to lapse, then the person may reactivate the license upon:
(1)
Payment of all back renewal fees owed and any penalty imposed by the commission resulting from the lapsed license; and
(2)
Submission of proof of completion of all classroom hours in real estate courses that would have been required under§ 62-13-303 if the licensee had instead maintained an active license during the period of temporary retirement.
Amended by 2024 Tenn. Acts, ch. 734,s 1, eff. 7/1/2024.
Amended by 2016 Tenn. Acts, ch. 838, s 10, eff. 7/1/2016.
Acts 1975, ch. 148, §§ 1-3; 1980, ch. 707, § 3; 1981, ch. 473, §§ 16, 17; T.C.A., §§ 62-1340 -- 62-1342; Acts 1982, ch. 864, § 13; 1984, ch. 810, §§ 8-10; 1988, ch. 919, § 11; 1990, ch. 946, § 8; 2004, ch. 456, § 3.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 3 - QUALIFICATIONS AND LICENSING (§§ 62-13-301 — 62-13-325) › Section 62-13-319 - Reinstatement after failure to pay renewal or retirement fee

(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 after the expiration date of the license upon providing proof of compliance with the prerequisites or conditions, including payment of any penalty fee arising from failure to comply with any prerequisite or condition to renewal prior to the expiration date of the license and payment of the renewal fee, plus an additional penalty fee of not more than one hundred dollars ($100) per month. Any person desiring reinstatement thereafter must reapply for licensure; provided, however, that the commission may, in its discretion:
(1)
Waive reexamination or additional education requirements for such an applicant; or
(2)
Reinstate a license subject to the applicant's compliance with reasonable conditions that the commission may prescribe, including payment of a penalty fee, in addition to the penalty fee provided in subsection (a), of not more than one hundred dollars ($100) per month, or portion of a month, from the time the license expired.
(b)
When fees are remitted by mail to the commission, the date of payment shall be determined by the official postmark on the mail.
Acts 1982, ch. 864, § 14; 1989, ch. 89, § 20; 2002, ch. 812, § 8; 2003, ch. 97, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 3 - QUALIFICATIONS AND LICENSING (§§ 62-13-301 — 62-13-325) › Section 62-13-320 - Surrender of broker's for affiliate broker's license

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.
Acts 1984, ch. 810, § 5.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 3 - QUALIFICATIONS AND LICENSING (§§ 62-13-301 — 62-13-325) › Section 62-13-321 - Escrow or trustee account of deposited funds

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 records of the account showing:
(1)
The depositor of the funds;
(2)
The date of deposit;
(3)
The date of withdrawal;
(4)
The payee of the funds; and
(5)
Other pertinent information that the commission may require.
Acts 1988, ch. 919, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 3 - QUALIFICATIONS AND LICENSING (§§ 62-13-301 — 62-13-325) › Section 62-13-322 - [Repealed]

Repealed by 2016 Tenn. Acts, ch. 838, s 11, eff. 7/1/2016.
Acts 1988, ch. 1031, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 3 - QUALIFICATIONS AND LICENSING (§§ 62-13-301 — 62-13-325) › Section 62-13-323 - Escrow account - Waiver

(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 estate commission pursuant to subsection (a), a principal broker may close the real estate firm's escrow account.
(c)
The principal broker of a real estate firm authorized pursuant to this section to operate without an escrow account may accept funds belonging to others subject to the following:
(1)
The principal broker shall open an escrow account within one (1) business day of accepting the deposit and deposit the funds into the newly opened escrow account on the same day; and
(2)
The principal broker shall notify the Tennessee real estate commission within one (1) business day after opening a new escrow account and shall provide the following information:
(A)
The name and address of the bank where the new escrow account was opened;
(B)
The name of the new escrow account; and
(C)
The account identification number of the new escrow account.
(d)
A principal broker who opens an escrow account pursuant to subsection (c) shall acknowledge responsibility to operate under all the requirements of §
62-13-321
.
(e)
No principal broker may obtain a waiver pursuant to subsection (a) for the same real estate firm more than once each license renewal period.
Acts 2002, ch. 553, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 3 - QUALIFICATIONS AND LICENSING (§§ 62-13-301 — 62-13-325) › Section 62-13-324 - Real estate continuing education instructors - Course requirements

(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 commission approved course in instructor training;
(2)
Holds a diploma or certificate evidencing a high school education or the equivalent of a high school education;
(3)
Has no complaints filed against such person in the office of the commission that have not been satisfactorily resolved;
(4)
If the course concerns the principles of real estate, mathematics or sales techniques, is a licensed broker, or, with the approval of the commission, an affiliate broker, with at least five (5) years of experience in the subject of the course;
(5)
If the course concerns the law of real estate, has graduated from a law school accredited by the American Bar Association or approved by the state board of law examiners;
(6)
If the course concerns any other field in which a degree or other recognized designation is commonly awarded, has earned that degree or designation or has at least five (5) years of satisfactory experience in the field; and
(7)
If the course is offered for credit at a college or university, has either a master's degree and three (3) years of satisfactory experience in the area of instruction or a terminal degree in the area of instruction.
(b)
The commission may charge a fee of up to twenty-five dollars ($25.00) for each instructor in an education cycle in order to review the instructor's qualifications.
(c)
Before teaching the core course required every two (2) years by the real estate commission, an instructor shall demonstrate competency in the subject by taking an approved instructor course of at least four (4) hours on the subject matter being presented in the core course.
(d)
Before teaching a course on the law of agency, an instructor shall successfully complete an approved instructor course on agency.
(e)
The real estate commission shall approve any continuing education course that consists of a minimum of one (1) classroom hour in length; provided, that the course meets all of the requirements of the commission that are not related to course length. Any rule, policy, or requirement of the real estate commission that is in conflict with this subsection (e) is superseded.
Amended by 2015 Tenn. Acts, ch. 61, s 1, eff. 7/1/2015.
Acts 2009 , ch. 287, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 4 - REPRESENTATION BY REAL ESTATE AGENTS (§§ 62-13-401 — 62-13-408) › Section 62-13-401 - Creation of agency relationship

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 relationship with one (1) or more parties to a transaction, the licensee shall be considered a facilitator and shall not be considered an agent or advocate of any party to the transaction. An agency or subagency relationship shall not be assumed, implied or created without a written bilateral agreement that establishes the terms and conditions of the agency or subagency relationship. The negotiation and execution of either an exclusive agency listing agreement or an exclusive right to sell listing agreement with a prospective seller shall establish an agency relationship with the seller.
Acts 1995, ch. 246, § 3; 1996, ch. 772, § 4; 2006, ch. 738, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 4 - REPRESENTATION BY REAL ESTATE AGENTS (§§ 62-13-401 — 62-13-408) › Section 62-13-402 - Limited agency

(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 negotiate directly.
(b)
A real estate licensee shall owe all parties to a transaction the duties enumerated in §
62-13-403
. A licensee shall owe to the licensee's client the duties enumerated in §
62-13-404
.
(c)
Notwithstanding any law to the contrary, the duties enumerated in §§
62-13-403
and
62-13-404
shall supersede any fiduciary or common law duties owed by a licensee to the licensee's client on January 1, 1996.
Acts 1995, ch. 246, § 4.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 4 - REPRESENTATION BY REAL ESTATE AGENTS (§§ 62-13-401 — 62-13-408) › Section 62-13-403 - Duty owed to all parties

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 commission:
(1)
Diligently exercise reasonable skill and care in providing services to all parties to the transaction;
(2)
Disclose to each party to the transaction any adverse facts of which the licensee has actual notice or knowledge;
(3)
Maintain for each party to a transaction the confidentiality of any information obtained by a licensee prior to disclosure to all parties of a written agency or subagency agreement entered into by the licensee to represent either or both of the parties in a transaction. This duty of confidentiality extends to any information that the party would reasonably expect to be held in confidence, except for information that the party has authorized for disclosure, information required to be disclosed under this part and information otherwise required to be disclosed pursuant to this chapter. This duty survives both the subsequent establishment of an agency relationship and the closing of the transaction;
(4)
Provide services to each party to the transaction with honesty and good faith;
(5)
Disclose to each party to the transaction timely and accurate information regarding market conditions that might affect the transaction only when the information is available through public records and when the information is requested by a party;
(6)
Timely account for trust fund deposits and all other property received from any party to the transaction; and
(7)
(A)
Not engage in self-dealing nor act on behalf of licensee's immediate family or on behalf of any other individual, organization or business entity in which the licensee has a personal interest without prior disclosure of the interest and the timely written consent of all parties to the transaction; and
(B)
Not recommend to any party to the transaction the use of services of another individual, organization or business entity in which the licensee has an interest or from whom the licensee may receive a referral fee or other compensation for the referral, other than referrals to other licensees to provide real estate services under this chapter, without timely disclosing to the party who receives the referral the licensee's interest in the referral or the fact that a referral fee may be received.
Acts 1995, ch. 246, § 5; 1996, ch. 772, §§ 5, 6.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 4 - REPRESENTATION BY REAL ESTATE AGENTS (§§ 62-13-401 — 62-13-408) › Section 62-13-404 - Duty owed to licensee's client

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 licensee and licensee's client;
(2)
Be loyal to the interests of the client. A licensee must place the interests of the client before all others in negotiation of a transaction and in other activities, except where the loyalty duty would violate licensee's duties to a customer under §
62-13-402
or a licensee's duties to another client in a dual agency; and
(3)
(A)
Unless the following duties are specifically and individually waived, in writing by a client, a licensee shall assist the client by:
(i)
Scheduling all property showings on behalf of the client;
(ii)
Receiving all offers and counter offers and forwarding them promptly to the client;
(iii)
Answering any questions that the client may have in negotiation of a successful purchase agreement within the scope of the licensee's expertise; and
(iv)
Advising the client as to whatever forms, procedures and steps are needed after execution of the purchase agreement for a successful closing of the transaction;
(B)
Upon waiver of any of the duties in subdivision (3)(A), a consumer shall be advised in writing by the consumer's agent that the consumer may not expect or seek assistance from any other licensees in the transaction for the performance of the duties in subdivision (3)(A).
Acts 1995, ch. 246, § 6; 1996, ch. 772, § 7; 2006, ch. 738, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 4 - REPRESENTATION BY REAL ESTATE AGENTS (§§ 62-13-401 — 62-13-408) › Section 62-13-405 - Written disclosure

(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, subagent or designated agent status in the transaction before any real estate services are provided. Known adverse facts about a property must also be disclosed under the laws governing residential property disclosure, compiled in title 66, chapter 5, part 2, but licensees shall not be obligated to discover or disclose latent defects in a property or to advise on matters outside the scope of their real estate license.
(b)
The disclosure of agency status pursuant to subsection (a) must be confirmed in writing with an unrepresented buyer prior to the preparation of an offer to purchase. The disclosure of agency status must be confirmed in writing with an unrepresented seller prior to execution of a listing agreement or presentation of an offer to purchase, whichever comes first. Following delivery of the written disclosure, the licensee shall obtain a signed receipt for the disclosure from the party to whom it was provided. The signed receipt shall contain a statement acknowledging that the buyer or seller, as applicable, was informed that any complaints alleging a violation or violations of §
62-13-312
must be filed within the applicable statute of limitations for the violation set out in §
62-13-313(e)
. The acknowledgment shall also include the address and telephone number of the commission.
(c)
The disclosure of agency or facilitator status, as provided in subsection (a), shall not be construed as or be considered a substitute for a written agreement to establish an agency relationship between the broker and a party to a transaction as referenced in §
62-13-406
.
(d)
Upon initial contact with any other licensee involved in the same prospective transaction, the licensee shall immediately disclose the licensee's role in the transaction, including any agency relationship, to this other licensee. If the licensee's role changes at any subsequent date, the licensee shall immediately notify any other licensees and any parties to the transaction relative to the change in status.
(e)
Real estate transactions involving the transfer or lease of commercial properties, the transfer of property by public auction, the transfer of residential properties of more than four (4) units or the lease or rental of residential properties shall not be subject to the disclosure requirements of §§
62-13-403
,
62-13-404
and this section.
Acts 1995, ch. 246, § 7; 1996, ch. 772, §§ 8-11; 2006, ch. 776, § 3.