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AgencyDual_agencyEASY

Agent Carlos is a Tennessee affiliate broker representing both the buyer and the seller in a residential transaction. The buyer and seller have each signed a written consent form acknowledging the dual agency arrangement. Under Tennessee law, which statement best describes the status of this transaction?

Correct Answer

D) The transaction is permissible because written informed consent was obtained from both parties

Tennessee permits dual agency when written informed consent is obtained from both the buyer and the seller. Tenn. Code Ann. § 62-13-401 et seq. expressly allows dual agency provided both parties give written consent after being informed of the implications of the arrangement.

Answer Options
A
The transaction is permissible only if the broker-in-charge also signs the consent form
B
The transaction is voidable because an affiliate broker cannot serve as a dual agent
C
The transaction is illegal because Tennessee prohibits dual agency in all circumstances
D
The transaction is permissible because written informed consent was obtained from both parties

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Related Topics & Key Terms

Key Terms:

dual_agencywritten_consentaffiliate_brokertn_agency_act

Related Concepts

The legal ending of an agency relationship, which can occur through completion, expiration, mutual agreement, breach, death, incapacity, or bankruptcy of either party.

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.

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