Agency & Disclosure·Agency Relationships

2.1 - Tennessee Agency Relationships

  • Fiduciary duties: OLD CAR (Obedience, Loyalty, Disclosure, Confidentiality, Accounting, Reasonable Care)
  • Customer duties (non-clients): honesty, fair dealing, material facts, fund accounting
  • TN agency types:
  • - Seller agency: listing agreement required - Buyer agency: buyer representation agreement required - Consensual dual agency: ONE agent, both clients, written consent required, cannot advise on price - Designated agency: TWO agents from same firm, full fiduciary each, written disclosure - Transaction broker: ministerial only, no fiduciary
  • Disclosure timing: first substantive contact (price, terms, motivation)
  • Written agreements required for buyer and seller representation