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AgencyAgency_typesMEDIUM

David is a Tennessee affiliate broker who has been working with buyer clients for two weeks, showing them properties and discussing their financing options. His clients have now decided they want to make an offer on a property listed by David's own broker. David's broker asks the clients to sign a dual agency consent form. Which statement best describes this situation under Tennessee law?

Correct Answer

A) Dual agency requires written informed consent from both the buyer and the seller before it is lawful

Under Tenn. Code Ann. § 62-13-401 et seq., dual agency in Tennessee is permissible only with written informed consent from both the buyer and the seller. Both parties must agree in writing before a dual agency relationship can be established. This protects all parties by ensuring they understand the limitations on the agent's fiduciary duties.

Answer Options
A
Dual agency requires written informed consent from both the buyer and the seller before it is lawful
B
Dual agency is prohibited in Tennessee; the broker must assign a different firm to represent one party
C
Dual agency requires only the buyer's written consent since the seller already agreed in the listing agreement
D
Dual agency is automatically permitted when the buyer's agent and listing agent work for the same broker

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Related Topics & Key Terms

Key Terms:

dual_agencywritten_consentinformed_consentboth_parties

Related Concepts

The extent of power and actions an agent is authorized to perform on behalf of the principal, as defined by the agency agreement.

The fiduciary obligations owed by a listing agent to the seller, including marketing the property, presenting all offers, and protecting the seller's confidential information.

A practice where the agent or brokerage represents only one party in a transaction — either the buyer or the seller, but never both.

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