EstatePass
AgencyFiduciary_dutiesHARD

Tennessee affiliate broker Grace represents the Delgados as their buyer's agent. The Delgados are purchasing a property from a seller who is also represented by an affiliate broker at Grace's same firm. The broker-in-charge has NOT made a designated agency assignment, and both Grace and the seller's agent are operating within the same firm. The Delgados have NOT signed a dual agency consent form. Under Tennessee law, what is the most accurate description of this situation?

Correct Answer

D) This is an undisclosed dual agency situation that violates Tennessee agency law and requires immediate remediation

Under Tenn. Code Ann. § 62-13-401 et seq., when two affiliate brokers from the same firm represent opposite parties in the same transaction without a formal designated agency assignment by the broker-in-charge, the firm is in a dual agency situation. Tennessee requires written informed consent from both parties before dual agency may be practiced. Without that consent — and without a proper designated agency designation — this constitutes undisclosed dual agency, which is a violation of Tennessee agency law requiring immediate remediation, such as obtaining written consent or making a proper designated agency assignment.

Answer Options
A
This is a sub-agency arrangement where Grace represents the seller's interests through the listing broker
B
This is a permissible designated agency arrangement because the agents work for the same firm
C
This is a legal transaction because Tennessee does not require written consent for in-house transactions
D
This is an undisclosed dual agency situation that violates Tennessee agency law and requires immediate remediation

Why This Is the Correct Answer

Sign up free to unlock full analysis

Why the Other Options Are Wrong

Sign up free to unlock full analysis

Deep Analysis of This Agency Question

Sign up free to unlock full analysis

Background Knowledge for Agency

Sign up free to unlock full analysis
Sign up free to unlock full analysis

Real World Application in Agency

Sign up free to unlock full analysis

Common Mistakes to Avoid on Agency Questions

Sign up free to unlock full analysis

Related Topics & Key Terms

Key Terms:

fiduciary_dutiesdual_agencydesignated_agencywritten_consentbroker_in_charge

Related Concepts

The highest legal obligation of trust and confidence owed by an agent to their principal, requiring the agent to act solely in the principal's best interest.

An agency relationship where the agent agrees to act on behalf of the principal without receiving compensation.

An agency relationship created by the conduct or actions of the parties rather than by a written or oral agreement.

Was this explanation helpful?

More Agency Questions

People Also Study

Related Articles

Agency Questions

Practice More Questions

Access 2,000+ practice questions and pass your real estate exam.

Start Practicing