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Under Tennessee's Agency Relationships in Real Estate Transactions Act, which of the following situations does NOT require the use of the TREC-approved Agency Disclosure form?

Correct Answer

C) An affiliate broker receives a telephone inquiry from a prospective buyer about a listed property's square footage

A telephone inquiry about a property's square footage is a ministerial act—providing factual information about a listed property—and does not constitute 'first substantive contact' under Tenn. Code Ann. § 62-13-401 et seq. First substantive contact requires discussion of real estate needs, financial qualifications, or other matters that go beyond providing basic factual information. A simple factual inquiry about square footage does not trigger the agency disclosure requirement.

Answer Options
A
An affiliate broker meets a prospective buyer at an open house and discusses the buyer's price range
B
A broker calls a homeowner to solicit a listing and discusses the property's estimated value
C
An affiliate broker receives a telephone inquiry from a prospective buyer about a listed property's square footage
D
A broker-in-Charge meets with a seller client to review and sign the listing agreement

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Related Topics & Key Terms

Key Terms:

agency_disclosurefirst_substantive_contactministerial_actsTREC_form_exemption

Related Concepts

The fiduciary obligation to protect a client's private information and not disclose it to third parties without permission, surviving even after the agency relationship ends.

In real estate, a client is someone to whom the agent owes fiduciary duties through an agency relationship, while a customer is a third party to whom the agent owes only honesty and fair dealing.

An arrangement where a brokerage assigns separate agents within the firm to represent the buyer and seller in the same transaction, allowing each client to have dedicated representation.

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