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AgencyDisclosure_requirementsMEDIUM

Under Tennessee's Agency Relationships in Real Estate Transactions Act, which of the following situations would require written informed consent from both parties before the agency relationship may proceed?

Correct Answer

C) A single affiliate broker represents both the buyer and the seller in the same transaction

Under Tenn. Code Ann. § 62-13-401 et seq., dual agency — where a single agent represents both the buyer and seller in the same transaction — requires written informed consent from both parties before the agent may proceed. This is because dual agency creates an inherent conflict of interest, and Tennessee law requires both parties to knowingly and voluntarily agree to this arrangement in writing.

Answer Options
A
An affiliate broker represents only the buyer in a transaction where the seller is unrepresented
B
A broker-in-charge assigns two different affiliate brokers within the same firm to represent the buyer and seller separately
C
A single affiliate broker represents both the buyer and the seller in the same transaction
D
An affiliate broker represents the seller while a cooperating broker from another firm represents the buyer

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Related Topics & Key Terms

Key Terms:

dual_agencywritten_consentdesignated_agencyagency_relationships

Related Concepts

The legal principle that holds a broker responsible for the actions of their agents and employees performed within the scope of the agency relationship.

An agency relationship created when a principal's actions or words lead a third party to reasonably believe that an agent has authority, and the principal fails to correct this belief.

An agency relationship created when a principal approves or accepts an agent's previously unauthorized actions, effectively granting authority after the fact.

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