reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 2 - VACATION CLUB ACT OF 1995 (§§ 66-32-201 — 66-32-207) › Section 66-32-204 - Exemptions

This part does not apply to any of the following:
(1)
An offer or disposition other than in the ordinary course of business by any holder of a purchase money lien, including any assignee thereof, who acquires a vacation club interest as a result of an owner's default with respect to the owner's purchase money financing obligations, whether such vacation club interest is acquired by foreclosure, the acceptance of a deed in lieu thereof, or other legal or equitable means;
(2)
A gratuitous disposition;
(3)
A disposition by devise, descent, or distribution or a disposition to an inter vivos trust;
(4)
An offer or disposition of a vacation club interest by an owner other than a developer, unless such owner makes such offer and disposition in the ordinary course of its business; or
(5)
An offer or disposition of a vacation club interest that is part of a duly registered vacation club pursuant to the laws of a state with the same or more stringent requirements as this state.
Acts 1995, ch. 90, § 4.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 2 - VACATION CLUB ACT OF 1995 (§§ 66-32-201 — 66-32-207) › Section 66-32-205 - "Vacation club interest" defined

"Vacation club interest" means and includes the following interests in a vacation club:
(1)
A "specific time-share interest," which is a right to use a specific accommodation or accommodations, and facilities at one (1) component site of a vacation club, for the remaining term of the vacation club in the event that the reservation system is terminated for any reason prior to the expiration of the term of the vacation club, together with use rights in the other accommodations and facilities of the vacation club created by or acquired through the reservation system; provided, that there is a one-to-one purchaser to accommodation ratio for each time-share interval, which entitles a particular owner who complies fully with the reservation system's rules and regulations to reserve, use and occupy a protected accommodation of the vacation club completely independent of any other owner's failure for reason to reserve, use, or occupy an accommodation of the vacation club; and
(2)
A "nonspecific time-share interest," which is a right to use all of the accommodations and facilities of a vacation club created by or acquired through the reservation system, but including no specific right to use any particular accommodations or facilities for the remaining term of the vacation club in the event that the reservation system is terminated for any reason prior to the expiration of the term of the vacation club; provided, that there is a one-to-one purchaser to accommodation ratio for each time-share interval, which entitles a particular owner who complies fully with the reservation system's rules and regulations to reserve, use and occupy a protected accommodation of the vacation club completely independent of any other owner's failure for reason to reserve, use, or occupy an accommodation of the vacation club.
Acts 1995, ch. 90, § 6.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 2 - VACATION CLUB ACT OF 1995 (§§ 66-32-201 — 66-32-207) › Section 66-32-207 - Developers subject to commission - Prerequisites to vacation club offering

(a)
A developer of a vacation club interest shall in all respects be subject to the authority of the commission and any rules and regulations promulgated by the commission.
(b)
Unless specifically exempted, a developer of a vacation club interest may not offer or dispose of a vacation club interest unless it is registered with the commission under §
66-32-123
, and pays any fee required by §
66-32-123
.
(c)
Prior to offering any vacation club intervals in a vacation club, a developer shall provide the commission:
(1)
Satisfactory evidence of the existence of the time-share intervals that are part of the vacation club;
(2)
The marketing plan for the vacation club;
(3)
Proof of ownership or a leasehold estate of the time-share intervals that are part of the vacation club; and
(4)
Satisfactory proof of compliance with this part, including, but not limited to, a public offering statement, escrow of deposits, cancellation rights, advertising and promotional offers.
Acts 1995, ch. 90, § 9.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 3 - MEMBERSHIP CAMPING ACT (§§ 66-32-301 — 66-32-312) › Section 66-32-301 - Short title

This part shall be known and may be cited as the "Membership Camping Act."
Acts 1985, ch. 303, § 1; T.C.A., §
47-18-401
.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 3 - MEMBERSHIP CAMPING ACT (§§ 66-32-301 — 66-32-312) › Section 66-32-304 - Cancellation of contracts

(a)
Any membership camping contract may be cancelled at the option of the purchaser by personally delivering or sending written notice of the cancellation to the membership camping operator at the address shown in the contract. The notice must be posted not later than twelve o'clock midnight (12:00) of the fifteenth calendar day following the day on which the membership camping contract was signed, if the purchaser did not make an on-site inspection of the campground, or the tenth calendar day following the day on which the membership camping contract was signed, if the purchaser did make an on-site inspection of the campground.
(b)
The purchaser's cancellation right shall be set forth in bold type in the membership camping contract in close proximity to the purchaser's signature line.
(c)
Within thirty (30) days after the membership camping operator receives a notice of cancellation, and provided that the purchaser's check, if any, has been cleared by the purchaser's bank, the membership camping operator shall refund to the purchaser any deposit, down payment or other payment therefor.
Acts 1985, ch. 303, § 4; T.C.A., §
47-18-404
.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 3 - MEMBERSHIP CAMPING ACT (§§ 66-32-301 — 66-32-312) › Section 66-32-306 - Purchasers' remedies

(a)
A purchaser's remedy for errors in or omissions from the membership camping contract and related materials delivered to the purchaser at the time of sale or any of the disclosures required in §
66-32-305
is limited to a right of rescission and refund of the purchase price paid by the purchaser. This limitation does not apply to errors or omissions from the contract or disclosures or other requirements of this part which are a part of a scheme to willfully misstate or omit the information required.
(b)
Reasonable attorney fees shall be awarded to the prevailing party in any action under this part.
Acts 1985, ch. 303, § 6; T.C.A., §
47-18-406
.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 3 - MEMBERSHIP CAMPING ACT (§§ 66-32-301 — 66-32-312) › Section 66-32-308 - Violations - Penalties

(a)
Any person who willfully violates this part commits a misdemeanor. It is a misdemeanor for any person in connection with the offer or sale of any camping club contracts willfully to:
(1)
Make any untrue or misleading statement of a material fact, or omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading;
(2)
Employ any device, scheme, or artifice to defraud; or
(3)
Engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person.
(b)
No indictment or information may be returned under this part more than two (2) years after the alleged violation.
Acts 1985, ch. 303, § 8; T.C.A., § 47-18-408.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 3 - MEMBERSHIP CAMPING ACT (§§ 66-32-301 — 66-32-312) › Section 66-32-309 - Exemptions

This part shall not apply to:
(1)
Mobile home parks or camping or recreational trailer parks which are open to the general public and do not solicit purchases of membership camping contracts, but rather contain only camping sites rented for per use fee;
(2)
Any person who engages in the business of arranging and selling reciprocal programs and who does not own campgrounds and facilities; or
(3)
Sales of time-share intervals in a time-share project which is registered under the Tennessee Time-Share Act, compiled in part 1 of this chapter.
Acts 1985, ch. 303, § 9; T.C.A., § 47-18-409.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 3 - MEMBERSHIP CAMPING ACT (§§ 66-32-301 — 66-32-312) › Section 66-32-310 - Violation of Tennessee Consumer Protection Act

A violation of this part shall constitute a violation of the Tennessee Consumer Protection Act, compiled in title 47, chapter 18, part 1. For the purpose of application of the Tennessee Consumer Protection Act, any violation of this part shall be construed to constitute an unfair or deceptive act or practice affecting the conduct of any trade or commerce.
Acts 1985, ch. 303, § 10; T.C.A., § 47-18-410.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 3 - MEMBERSHIP CAMPING ACT (§§ 66-32-301 — 66-32-312) › Section 66-32-311 - Retail Installment Sales Act applicable

Membership camping contracts covered by this part shall be subject to the Tennessee Retail Installment Sales Act, compiled in title 47, chapter 11.
Acts 1985, ch. 303, § 11; T.C.A., § 47-18-411.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 32 - TIME-SHARE PROGRAMS AND VACATION CLUBS (§§ 66-32-101 — 66-32-312) › Part 3 - MEMBERSHIP CAMPING ACT (§§ 66-32-301 — 66-32-312) › Section 66-32-312 - Void agreement - Waiver of cancellation provisions

Any contractual agreement containing a waiver of §
66-32-304
is contrary to public policy and is void and unenforceable.
Acts 1990, ch. 804, § 1; T.C.A., § 47-18-412.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 33 - REAL PROPERTY RECORDS INTEGRITY ACT (§§ 66-33-101 — 66-33-106) › Section 66-33-101 - Short title

This chapter is known and may be cited as the "Real Property Records Integrity Act."
Added by 2023 Tenn. Acts, ch. 160, s 1, eff. 4/17/2023.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 33 - REAL PROPERTY RECORDS INTEGRITY ACT (§§ 66-33-101 — 66-33-106) › Section 66-33-102 - Chapter definitions

As used in this chapter:
(1)
"Person" means a natural person, partnership, association, cooperative, corporation, trust, or other legal entity;
(2)
"Recording" means presenting a document to a county register in this state for official placement in the public land records;
(3)
"Residential real estate" means real property located in this state that is used primarily for personal, family, or household purposes and is improved by one (1) to four (4) dwelling units;
(4)
"Service agreement" means a contract pursuant to which a person agrees to provide services in connection with the sale of residential real estate or the sale of any product or the performance of any personal service on or for the maintenance of residential real estate; and
(5)
"Service provider" means a person who provides services or products to a consumer.
Added by 2023 Tenn. Acts, ch. 160, s 1, eff. 4/17/2023.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 33 - REAL PROPERTY RECORDS INTEGRITY ACT (§§ 66-33-101 — 66-33-106) › Section 66-33-103 - Service agreements

(a)
The general assembly finds and declares that:
(1)
The public policy of this state favors the transferability of interests in real property free from unreasonable restraints on alienation and covenants or servitudes that do not touch and concern the property; and
(2)
A recorded service agreement violates this public policy by impairing the marketability of title to the affected real property and constitutes an unreasonable restraint on alienation, regardless of the duration of the contract or the amount of the consideration set forth in the agreement.
(b)
A recorded service agreement is void and unenforceable under this chapter if the agreement:
(1)
Purports to run with the land or to be binding on future owners of interests in the real property;
(2)
Allows for assignment of the right to provide services without notice to and the consent of the owner of residential real estate; or
(3)
Purports to create a lien, encumbrance, or other real property security interest.
(c)
This chapter does not impair:
(1)
The rights granted or applied involving a mechanic's or materialmen's lien under title 66, chapter 11;
(2)
The furnishing of a loan or other thing of value to be secured by real property as otherwise provided by law;
(3)
An agreement entered into by a nonprofit, mandatory membership organization comprised of owners of homes, condominiums, cooperatives, or manufactured homes; or
(4)
Any interest in real property created pursuant to a declaration, covenant, or other applicable law, pertaining to the oversight or management of real property.
Added by 2023 Tenn. Acts, ch. 160,s 1, eff. 4/17/2023.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 33 - REAL PROPERTY RECORDS INTEGRITY ACT (§§ 66-33-101 — 66-33-106) › Section 66-33-104 - Recording prohibited

(a)
A service provider shall not record or cause to be recorded a service agreement or notice or memorandum of the agreement in this state.
(b)
A service provider who records or causes to be recorded a service agreement or notice or memorandum of the agreement in this state in violation of §
66-33-103
is liable to an affected party for ten thousand dollars ($10,000) in statutory damages.
(c)
Notwithstanding chapter 24 of this title, a register in this state may refuse to accept for recordation a service agreement and is not liable for mistakenly recording an unfair service agreement.
(d)
If a service agreement is recorded in violation of this chapter, then it does not constitute actual or constructive notice to an otherwise bona fide purchaser or creditor.
Added by 2023 Tenn. Acts, ch. 160, s 1, eff. 4/17/2023.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 33 - REAL PROPERTY RECORDS INTEGRITY ACT (§§ 66-33-101 — 66-33-106) › Section 66-33-105 - Recording of court order

If a service agreement or a notice or memorandum of the agreement is recorded in violation of this chapter, then a person with an interest in the real property that is the subject of the agreement may apply to a court of competent jurisdiction in the county where the recording exists to record a court order declaring the agreement unenforceable.
Added by 2023 Tenn. Acts, ch. 160,s 1, eff. 4/17/2023.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 33 - REAL PROPERTY RECORDS INTEGRITY ACT (§§ 66-33-101 — 66-33-106) › Section 66-33-106 - Rights of recovery - Enforcement

(a)
If a service agreement or a notice or memorandum of the agreement is recorded in violation of this chapter, then a person with an interest in the real property that is the subject of the agreement:
(1)
May recover actual damages, court costs, and attorney's fees in addition to the statutory damages described in §
66-33-104(b)
; and
(2)
Has all rights and remedies available to the person under §
47-18-109
.
(b)
This chapter may also be enforced by the attorney general and reporter on behalf of the citizens of this state.
Added by 2023 Tenn. Acts, ch. 160, s 1, eff. 4/17/2023.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 34 - PROMPT PAY ACT (§§ 66-34-101 — 66-34-704) › Part 1 - GENERAL PROVISIONS (§§ 66-34-101 — 66-34-104) › Section 66-34-101 - Short title

This chapter shall be known and may be cited as the "Prompt Pay Act of 1991."
Acts 1991, ch. 45, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 34 - PROMPT PAY ACT (§§ 66-34-101 — 66-34-704) › Part 1 - GENERAL PROVISIONS (§§ 66-34-101 — 66-34-104) › Section 66-34-102 - Chapter definitions

As used in this chapter, unless the context or subject matter indicates another meaning, the words and phrases defined in §
66-11-101
have the same meaning as set out in that section and are incorporated in this chapter by reference.
Acts 1991, ch. 45, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 34 - PROMPT PAY ACT (§§ 66-34-101 — 66-34-704) › Part 1 - GENERAL PROVISIONS (§§ 66-34-101 — 66-34-104) › Section 66-34-103 - Withholding of retainage - Violations - Penalties

(a)
All construction contracts on any project in this state, both public and private, may provide for the withholding of retainage; provided, however, that the retainage amount may not exceed five percent (5%) of the amount of the contract.
(b)
The owner, whether public or private, shall release and pay all retainages for work completed pursuant to the terms of any contract to the prime contractor within ninety (90) days after completion of the work or within ninety (90) days after substantial completion of the project for work completed, whichever occurs first. As used in this subsection (b), "work completed" means the completion of the scope of the work and all terms and conditions covered by the contract under which the retainage is being held. The prime contractor shall pay all retainages due any remote contractor within ten (10) days after receipt of the retainages from the owner. Any remote contractor receiving the retainage from the prime contractor shall pay to any lower-tier remote contractor all retainages due the lower-tier remote contractor within ten (10) days after receipt of the retainages.
(c)
Any default in the making of the payments is subject to those remedies provided in this part.
(d)
If an owner or prime contractor withholds retainage that is for the use and benefit of the prime contractor or its remote contractors pursuant to §
66-34-104(a) and (b)
, then neither the prime contractor nor any of its remote contractors are required to deposit additional retained funds into an escrow account in accordance with §
66-34-104(a) and (b)
.
(e)
(1)
It is an offense for a person, firm, or corporation to fail to comply with subsection (a) or (b) or §
66-34-104(a)
.
(2)
(A)
A violation of this subsection (e) is a Class A misdemeanor, subject to a fine only of three thousand dollars ($3,000).
(B)
Each day a person, firm, or corporation fails to comply with subsection (a) or (b) or §
66-34-104(a)
is a separate violation of this subsection (e).
(C)
Until the violation of this subsection (e) is remediated by compliance, the punishment for each violation is consecutive to all other violations.
(3)
In addition to the fine imposed pursuant to subdivisions (e)(2)(A) and (B), the court shall order restitution be made to the owner of the retained funds. In determining the appropriate amount of restitution, the formula stated in §
40-35-304
must be used.
(4)
This subsection (e) does not apply to the state, any department, board, or agency thereof, including the University of Tennessee, all counties and municipalities, and all departments, boards, or agencies thereof, including all school and education boards, and any other subdivision of the state.
Amended by 2020 Tenn. Acts, ch. 749, s 16, eff. 7/1/2020.
Acts 2007 , ch. 201, § 3; 2008 , ch. 804, § 3; 2012 , ch. 609, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 34 - PROMPT PAY ACT (§§ 66-34-101 — 66-34-704) › Part 2 - OWNER/CONTRACTOR PAYMENT (§§ 66-34-201 — 66-34-205) › Section 66-34-201 - Prime contractor entitled to payment from owner

Performance by a prime contractor in accordance with a written contract with an owner for improvement of real property entitles the prime contractor to payment from the owner.
Amended by 2020 Tenn. Acts, ch. 749, s 18, eff. 7/1/2020.
Acts 1991, ch. 45, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 34 - PROMPT PAY ACT (§§ 66-34-101 — 66-34-704) › Part 2 - OWNER/CONTRACTOR PAYMENT (§§ 66-34-201 — 66-34-205) › Section 66-34-202 - Application for payment for work - Payment according to schedule for payments - Review of application by owner's agent

(a)
If a prime contractor has performed in accordance with the prime contractor's written contract with the owner, then the owner shall pay to the prime contractor the full amount earned by the prime contractor, less only those amounts withheld in accordance with §
66-34-203
. The payment must be made in accordance with the schedule for payments established within the contract and within thirty (30) days after application for payment is timely submitted by the prime contractor to the owner, in accordance with the schedule.
(b)
Failure of an architect, engineer, or other agent employed by the owner to review and approve an application for payment for work which has been performed in accordance with the contract does not excuse the owner from making payment in accordance with this chapter. This section does not require payment for work not performed if an architect, engineer, or other agent has certified that a contractor has not completed performance for a portion of work covered by the application for payment.
Amended by 2020 Tenn. Acts, ch. 749, s 19, eff. 7/1/2020.
Acts 1991, ch. 45, § 1; 2006, ch. 944, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 34 - PROMPT PAY ACT (§§ 66-34-101 — 66-34-704) › Part 2 - OWNER/CONTRACTOR PAYMENT (§§ 66-34-201 — 66-34-205) › Section 66-34-203 - Withholding of payment or retainage by owner

This chapter does not prevent the owner from reasonably withholding payment or a portion of a payment to the prime contractor, as long as the withholding is in accordance with the written contract between the owner and the prime contractor. The owner may also withhold a reasonable amount of retainage as specified in the written contract between the owner and the prime contractor, as long as the retainage amount does not exceed five percent (5%) of the amount of the contract.
Amended by 2020 Tenn. Acts, ch. 749, s 20, eff. 7/1/2020.
Acts 1991, ch. 45, § 1; 2007 , ch. 201, § 4.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 34 - PROMPT PAY ACT (§§ 66-34-101 — 66-34-704) › Part 2 - OWNER/CONTRACTOR PAYMENT (§§ 66-34-201 — 66-34-205) › Section 66-34-204 - Payment of retainage by owner

When an owner:
(1)
Has received a use and/or occupancy permit for an improvement from a governmental agency lawfully issuing such permit;
(2)
Has received a certificate of substantial completion from an architect or engineer charged with supervision of the construction of an improvement; or
(3)
Begins to use or could have begun to use an improvement;
the owner shall, after any such event and pursuant to the terms of the written contract, pay to the prime contractor all retainage the owner may have withheld pursuant to the written contract, except any sum which the owner may reasonably withhold in accordance with the written contract between the owner and the prime contractor; the retainage must be paid within ninety (90) days after the date of the occurrence of an event included in subdivision (1), (2) or (3).
Amended by 2020 Tenn. Acts, ch. 749, s 21, eff. 7/1/2020.
Acts 1991, ch. 45, § 1; 2007 , ch. 201, § 5.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 34 - PROMPT PAY ACT (§§ 66-34-101 — 66-34-704) › Part 2 - OWNER/CONTRACTOR PAYMENT (§§ 66-34-201 — 66-34-205) › Section 66-34-205 - Sums intended as payment to be held in trust

(a)
Any sums allocated by the owner or provided or committed to the owner by a third party that are intended to be used as payment for improvements made to real property by virtue of a written contract between the owner and the prime contractor must be held by the owner or third party in trust for the benefit and use of the prime contractor and its remote contractors, and are subject to all legal and equitable remedies.
(b)
The presence of an otherwise valid agreement to arbitrate does not prevent a prime contractor or remote contractor from seeking equitable relief, including injunctive relief, as permitted by §
66-34-602
against any owner, prime contractor, or remote contractor.
(c)
The bankruptcy or insolvency of any party is not a valid defense for the failure of an owner or other third party that controls or holds those sums described in subsection (a), as well as all retainage, to release those sums when they are otherwise due.
(d)
This section does not apply to the state, including its departments, boards, or commissions, or to any institution of higher education.
Amended by 2020 Tenn. Acts, ch. 749, s 22, eff. 7/1/2020.
Acts 1991, ch. 45, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 34 - PROMPT PAY ACT (§§ 66-34-101 — 66-34-704) › Part 3 - CONTRACTOR/SUBCONTRACTOR, MATERIALMAN OR FURNISHER PAYMENT (§§ 66-34-301 — 66-34-304) › Section 66-34-301 - Remote contractor entitled to payment from prime contractor

Performance by a remote contractor in accordance with a written contract with a prime contractor for improvement of real property entitles the remote contractor to payment from the prime contractor.
Amended by 2020 Tenn. Acts, ch. 749, s 23, eff. 7/1/2020.
Acts 1991, ch. 45, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 34 - PROMPT PAY ACT (§§ 66-34-101 — 66-34-704) › Part 3 - CONTRACTOR/SUBCONTRACTOR, MATERIALMAN OR FURNISHER PAYMENT (§§ 66-34-301 — 66-34-304) › Section 66-34-302 - Application for payment for work - Payment according to schedule for payments - Interest

(a)
If a remote contractor has performed in accordance with the remote contractor's written contract with the prime contractor, then the prime contractor shall pay to the remote contractor the full amount earned by the remote contractor, subject only to any condition precedent for payment clause in the contract, and less only those amounts withheld in accordance with §
66-34-303
. The payment must be made in accordance with the schedule for payments established within the contract and within thirty (30) days after application for payment is timely submitted by the remote contractor to the prime contractor, in accordance with the schedule.
(b)
The prime contractor shall also pay the remote contractor its pro rata share of any interest provided for in §
66-34-601
that has been received by the prime contractor.
Amended by 2020 Tenn. Acts, ch. 749, s 24, eff. 7/1/2020.
Acts 1991, ch. 45, § 1; 2006, ch. 944, § 2.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 34 - PROMPT PAY ACT (§§ 66-34-101 — 66-34-704) › Part 3 - CONTRACTOR/SUBCONTRACTOR, MATERIALMAN OR FURNISHER PAYMENT (§§ 66-34-301 — 66-34-304) › Section 66-34-303 - Withholding of payment or retainage by prime contractor

This chapter does not prevent the prime contractor from reasonably withholding payment or a portion of payment to the remote contractor, as long as the withheld payment is in accordance with the written contract between the prime contractor and the remote contractor. The prime contractor may also withhold a reasonable amount of retainage as specified in the written contract between the prime contractor and remote contractor; except, that the retainage amount must not exceed five percent (5%) of the amount of the contract.
Amended by 2020 Tenn. Acts, ch. 749, s 25, eff. 7/1/2020.
Acts 1991, ch. 45, § 1; 2007 , ch. 201, § 6.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 34 - PROMPT PAY ACT (§§ 66-34-101 — 66-34-704) › Part 3 - CONTRACTOR/SUBCONTRACTOR, MATERIALMAN OR FURNISHER PAYMENT (§§ 66-34-301 — 66-34-304) › Section 66-34-304 - Payments to be held in trust by prime contractor

Any sums received by the prime contractor as payment for work, services, equipment, and materials supplied by the remote contractor for improvements to real property must be held by the prime contractor in trust for the benefit and use of the remote contractor, and are subject to all legal and equitable remedies.
Amended by 2020 Tenn. Acts, ch. 749, s 26, eff. 7/1/2020.
Acts 1991, ch. 45, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 34 - PROMPT PAY ACT (§§ 66-34-101 — 66-34-704) › Part 4 - SUBCONTRACTOR, MATERIALMAN OR FURNISHER/SUBCONTRACTOR, MATERIALMAN OR FURNISHER PAYMENT (§ 66-34-401) › Section 66-34-401 - Payment by remote contractor to remote contractor

A remote contractor contracting in writing with another remote contractor for the improvement of real property shall make payment to the other remote contractor in accordance with part 3 of this chapter.
Amended by 2020 Tenn. Acts, ch. 749, s 27, eff. 7/1/2020.
Acts 1991, ch. 45, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 34 - PROMPT PAY ACT (§§ 66-34-101 — 66-34-704) › Part 5 - ARCHITECT AND/OR ENGINEER PAYMENT (§ 66-34-501) › Section 66-34-501 - Payment to architect or engineer - Governing provisions

An architect or engineer furnishing design or contract administration services to an owner, prime contractor, or remote contractor for the improvement of real property is entitled to payment in accordance with part 2 of this chapter, if the architect or engineer contracts in writing with the owner; or in accordance with part 3 of this chapter, if the architect or engineer contracts in writing with a prime contractor or remote contractor.
Amended by 2020 Tenn. Acts, ch. 749, s 28, eff. 7/1/2020.
Acts 1991, ch. 45, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 34 - PROMPT PAY ACT (§§ 66-34-101 — 66-34-704) › Part 6 - REMEDIES FOR DELINQUENT PAYMENT OR NONPAYMENT (§§ 66-34-601 — 66-34-603) › Section 66-34-601 - Interest

Any payment not made in accordance with this chapter accrues interest, from the date due until the date paid, at the rate of interest for delinquent payments provided in written contract or, if no interest rate is specified in a written contract, then one and one-half percent (1.5%) per month.
Amended by 2020 Tenn. Acts, ch. 749, s 29, eff. 7/1/2020.
Acts 1991, ch. 45, § 1; 2000, ch. 712, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 34 - PROMPT PAY ACT (§§ 66-34-101 — 66-34-704) › Part 7 - APPLICABILITY (§§ 66-34-701 — 66-34-704) › Section 66-34-701 - Prohibited waiver - Applicability of provisions

As a matter of public policy, except as specifically noted, compliance with §§
66-11-104
,
66-34-205
,
66-34-304
,
66-34-602
, and
66-34-603
may not be waived by contract and these sections are applicable to all private contracts and all construction contracts with this state, any department, board, or agency thereof, including the University of Tennessee, all counties and municipalities and all departments, boards, or agencies thereof, including all school and education boards, and any other subdivision of the state.
Amended by 2020 Tenn. Acts, ch. 749, s 32, eff. 7/1/2020.
Acts 1991, ch. 45, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 34 - PROMPT PAY ACT (§§ 66-34-101 — 66-34-704) › Part 7 - APPLICABILITY (§§ 66-34-701 — 66-34-704) › Section 66-34-702 - Construction or home improvement contracts

This chapter shall not apply to contracts for the construction of, or home improvement to, any land or building, or that portion thereof which is used or designed to be used as a residence or dwelling place for one (1), two (2), three (3) or four (4) single family units.
Acts 1991, ch. 45, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 34 - PROMPT PAY ACT (§§ 66-34-101 — 66-34-704) › Part 7 - APPLICABILITY (§§ 66-34-701 — 66-34-704) › Section 66-34-703 - Applicability of chapter

(a)
This chapter does not apply to any bank, savings bank, savings and loan association, industrial loan and thrift company, other regulated financial institution, or insurance company.
(b)
Notwithstanding subsection (a), if a bank, savings bank, savings and loan association, industrial loan and thrift company, other regulated financial institution, or insurance company acts in the capacity of an original owner in the event of building its own structure or assumes a project due to its debtor's default and proceeds with completion of the project, then the entity is subject to this chapter, except for §§
66-34-104(c) and (j)
; however, the retained amount may be deposited in an account within the entity's own institution.
(c)
Notwithstanding subsection (a) or any other provision of this chapter to the contrary:
(1)
A bank, savings and loan association, industrial loan and thrift company, other regulated financial institution, or insurance company shall pay any sums held in trust pursuant to §
66-34-205
in accordance with an order of any court issued pursuant to §
66-34-602
; and
(2)
A bank, savings and loan association, industrial loan and thrift company, other regulated financial institution, or insurance company is not liable for damages pursuant to §
66-34-104(c)
based on the failure of an owner to place retainage in a separate interest-bearing, escrow account as required by §
66-34-104(a)
.
Amended by 2020 Tenn. Acts, ch. 749, s 33, eff. 7/1/2020.
Acts 1991, ch. 443, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 34 - PROMPT PAY ACT (§§ 66-34-101 — 66-34-704) › Part 7 - APPLICABILITY (§§ 66-34-701 — 66-34-704) › Section 66-34-704 - Agreement limiting liability of person furnishing labor, materials, or services

Without limiting any existing law or regulation, it is not against the public policy or public interest of this state for a provision in any agreement relating to the design, planning, supervision, observation of construction, repair, or construction of an improvement to real property to limit the liability of the person furnishing the labor, materials, or services to a reasonable monetary amount.
Acts 2020, ch. 749, § 34.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 35 - RENT CONTROL (§§ 66-35-101 — 66-35-103) › Section 66-35-101 - "Local governmental unit" defined

As used in this chapter, "local governmental unit" means any political subdivision of the state, including, but not limited to, counties or incorporated municipalities, if such political subdivision provides local government services for residents in a geographically limited area of the state as its primary purpose and has the power to act primarily on behalf of that area.
Acts 1996, ch. 623, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 35 - RENT CONTROL (§§ 66-35-101 — 66-35-103) › Section 66-35-102 - Rent control by local governments prohibited - Zoning provisions - Affordable housing

(a)
A local governmental unit shall not enact, maintain or enforce an ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential or commercial property.
(b)
(1)
Notwithstanding any provision of law to the contrary, a local government unit, or any subdivision or instrumentality thereof, shall not enact, maintain, or enforce any ordinance, resolution, regulation, rule, or other requirement of any type that:
(A)
Requires the direct or indirect allocation of existing or newly constructed private residential or commercial rental units to be sold or rented at below market rates;
(B)
Conditions any zoning change, variance, building permit, development entitlements through amendment to the zoning map, or any change in land use restrictions or requirements, on the allocation of existing or newly constructed private residential or commercial rental units to be sold or rented at below market rates; or
(C)
Requires a person to waive the person's constitutionally protected rights related to real property in order that the local government unit can increase the number of existing or newly constructed private residential or commercial rental units that would be available for purchase or lease at below market rates within the jurisdiction of the local government unit.
(2)
(A)
This subsection (b) does not prohibit a local government unit from creating or implementing a purely voluntary incentive-based program designed to increase the construction or rehabilitation of workforce or affordable private residential or commercial rental units, which may include providing local tax incentives, subsidization, real property or infrastructure assistance, or any other incentive that makes construction of affordable housing more economical, so long as no power or authority granted to the local government unit to regulate zoning or land use planning is used to incentivize or leverage a person to develop, build, sell, or rent housing at below market value.
(B)
This subdivision (b)(2) does not preempt a voluntary attainable housing incentive program created under § 13-3-601 or § 13-4-401 that authorizes a municipality to provide incentives to property owners through zoning or land use planning to develop, build, and sell or rent attainable housing or housing at below market value.
(3)
Any person who suffers an ascertainable loss of money or property, real, personal, or mixed, or any other article, commodity, or thing of value wherever situated, as a result of the practices prohibited by this section, may bring an action individually to recover actual damages.
Amended by 2024 Tenn. Acts, ch. 1051,s 3, eff. 7/1/2024.
Amended by 2018 Tenn. Acts, ch. 685, s 1, eff. 4/9/2018.
Amended by 2016 Tenn. Acts, ch. 822, s 1, eff. 4/21/2016.
Acts 1996, ch. 623, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 35 - RENT CONTROL (§§ 66-35-101 — 66-35-103) › Section 66-35-103 - Management of government-owned property excepted

This chapter does not impair the right of a local governmental unit to manage and control residential or commercial property in which such local governmental unit has a property interest.
Acts 1996, ch. 623, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 36 - CONSTRUCTION DEFECTS (§§ 66-36-101 — 66-36-103) › Section 66-36-101 - Chapter definitions

As used in this chapter:
(1)
"Action" means any civil action or binding dispute resolution proceeding for damages or indemnity asserting a claim for damage to or loss of commercial property caused by an alleged construction defect, but does not include any civil action or arbitration proceeding asserting a claim for alleged personal injuries arising out of an alleged construction defect;
(2)
"Claimant" means an owner, including a subsequent purchaser, tenant, or association, who asserts a claim against a prime contractor, remote contractor, or design professional concerning a construction defect;
(3)
"Commercial property" means all property that is not residential property;
(4)
"Construction defect" means a deficiency in, or a deficiency arising out of, the design, specifications, surveying, planning, supervision, observation of construction, or construction or remodeling of an improvement resulting from:
(A)
Defective material, products, or components used in the construction or remodeling;
(B)
A violation of the applicable codes in effect at the time of construction or remodeling;
(C)
A failure of the design of an improvement to meet the applicable professional standards of care at the time of governmental approval, construction, or remodeling; or
(D)
A failure to construct or remodel an improvement in accordance with accepted trade standards for good and workmanlike construction at the time of construction or remodeling;
(5)
"Design professional" means a person licensed in this state as an architect, interior designer, landscape architect, engineer, or surveyor, regardless of whether the person is a prime contractor or remote contractor;
(6)
"Improvement" has the same meaning as defined in §
66-11-101
;
(7)
"Notice of claim" means a written notice sent by a claimant to the last known address of a prime contractor, remote contractor, or design professional against whom the claimant asserts a construction defect that describes the claim in reasonable detail sufficient to determine the general nature of the defect, including a general description of the type and location of the construction that the claimant alleges to be defective and any damages claimed to have been caused by the defect;
(8)
"Prime contractor" has the same meaning as defined in §
66-11-101
;
(9)
"Remote contractor" has the same meaning as defined in §
66-11-101
;
(10)
"Residential property" means property upon which a dwelling or improvement is constructed or to be constructed consisting of one (1) dwelling unit intended as a residence of a person or family; and
(11)
"Service" means personal service or delivery by certified mail to the last known address of the addressee, or as otherwise allowed by contract.
Amended by 2020 Tenn. Acts, ch. 749, s 35, eff. 7/1/2020.
Acts 2004, ch. 741, § 2.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 36 - CONSTRUCTION DEFECTS (§§ 66-36-101 — 66-36-103) › Section 66-36-102 - Compliance with requirements

If a claimant files an action without first complying with the requirements of this chapter, on motion by a party to the action, the tribunal having jurisdiction shall abate the action, without prejudice, and the action may not proceed until the claimant has complied with such requirements.
Acts 2004, ch. 741, § 3.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 37 - PROHIBITION OF COVENANTS PROVIDING FOR TRANSFER FEES ACT OF 2011 (§§ 66-37-101 — 66-37-104) › Section 66-37-101 - Short title

This chapter shall be known and may be cited as the "Prohibition of Covenants Providing for Transfer Fees Act of 2011."
Acts 2011, ch. 462, § 2.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 37 - PROHIBITION OF COVENANTS PROVIDING FOR TRANSFER FEES ACT OF 2011 (§§ 66-37-101 — 66-37-104) › Section 66-37-103 - Legislative findings

The general assembly makes the following findings:
(1)
The public policy of this state favors the transferability of interests in real property free from unreasonable restraints on alienation and covenants or servitudes that do not touch and concern the property; and
(2)
A transfer fee covenant violates this public policy by impairing the marketability of title to the affected real property and constitutes an unreasonable restraint on alienation, regardless of the duration of the covenant or the amount of the transfer fee set forth in the covenant.
Acts 2011, ch. 462, § 3.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 37 - PROHIBITION OF COVENANTS PROVIDING FOR TRANSFER FEES ACT OF 2011 (§§ 66-37-101 — 66-37-104) › Section 66-37-104 - Transfer covenant fees

(a)
A transfer fee covenant recorded after June 10, 2011, or any lien to the extent that it purports to secure the payment of a transfer fee, is not binding on or enforceable against the affected real property or any subsequent owner, purchaser, or mortgagee of any interest in the property.
(b)
Nothing in this chapter shall imply that a transfer fee covenant recorded prior to June 10, 2011 is valid or enforceable.
Acts 2011, ch. 462, § 3.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 38 (§ 66-38-101) › Section 66-38-101 - [For Repeal, See Note]

(a)
As used in this section:
(1)
"Motor vehicle":
(A)
Means a self-propelled vehicle that is designed for use upon the highway, including trailers and semitrailers designed for use with the vehicle, and every vehicle that is propelled by electric power obtained from overhead wires but not operated upon rails, except traction engines, road rollers, and farm tractors; and
(B)
Does not include a motorized bicycle as defined in § 55-8-101; and
(2)
"Person" includes a natural person, firm, association, corporation, or partnership.
(b)
Persons engaged in the business of towing and storing motor vehicles or storing motor vehicles that have been towed may remove and secure a firearm left in a stored motor vehicle if the firearm can be removed without causing damage to the motor vehicle. If removed, the firearm must be tagged or logged in a manner to tie it to the vehicle from which it was removed, and the firearm must be stored at the business in a firearm safe or other type of secure storage. The business shall notify the owner of the vehicle when a firearm is removed and secured, and such notice must include information regarding how the firearm may be retrieved.
Repealed by 2024 Tenn. Acts, ch. 902,s 2, eff. .
Added by 2024 Tenn. Acts, ch. 902,s 1, eff. 5/3/2024.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 1 - GENERAL PROVISIONS (§§ 67-1-101 — 67-1-1808) › Part 1 - MISCELLANEOUS PROVISIONS (§§ 67-1-101 — 67-1-118) › Section 67-1-101 - Liberal construction of title - Incidental powers of commissioner - Chapter definitions

(a)
It is declared to be the legislative intent that this title be liberally construed in favor of the jurisdiction and powers conferred upon the commissioner of revenue.
(b)
The commissioner shall have and exercise all such incidental powers as may be necessary to carry out and effectuate the objects and purposes of this title.
(c)
As used in this chapter, unless the context otherwise requires:
(1)
"Commissioner" means the commissioner of revenue; and
(2)
"Department" means the department of revenue.
Amended by 2017 Tenn. Acts, ch. 457,s 2, eff. 7/1/2017.
Acts 1919, ch. 1, § 16; 1921, ch. 113, § 20; impl. am. Acts 1923, ch. 7, §§ 2, 19, 24, 25; Shan. Supp., § 809a27; mod. Code 1932, § 1462; impl. am. Acts 1937, ch. 33, § 50; impl. am. Acts 1959, ch. 9, § 14; Acts 1978, ch. 599, § 3; T.C.A. (orig. ed.), § 67-107.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 1 - GENERAL PROVISIONS (§§ 67-1-101 — 67-1-1808) › Part 1 - MISCELLANEOUS PROVISIONS (§§ 67-1-101 — 67-1-118) › Section 67-1-103 - Study of tax laws - Report

(a)
The commissioner shall make a careful study and investigation of the tax laws of other states.
(b)
It is the commissioner's duty to prepare and transmit to the general assembly on the first day of its organizational session a report of the commissioner's work and the work of the state board of equalization, and to make such recommendations as the commissioner deems best for the interest of the state.
Acts 1921, ch. 113, § 2; impl. am. Acts 1923, ch. 7, §§ 19, 24; Acts 1923, ch. 106, § 1; Shan. Supp., § 809a8; Code 1932, § 1478; impl. am. Acts 1937, ch. 33, § 50; impl. am. Acts 1959, ch. 9, § 14; Acts 1965, ch. 5, § 1; 1965, ch. 154, § 1; 1970, ch. 500, § 2; 1970, ch. 559, § 4; 1973, ch. 151, § 1; 1973, ch. 368, § 1; 1973, ch. 373, § 1; 1977, ch. 106, § 1; 1978, ch. 599, § 1; 1980, ch. 460, § 1; 1981, ch. 34, § 1; 1983, ch. 148, § 1; T.C.A. (orig. ed.), § 67-101; Acts 1984, ch. 832, § 1.