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AgencyDesignated_agencyHARD

Under the Tennessee Agency Relationships in Real Estate Transactions Act, which of the following is NOT a characteristic or requirement of a valid designated agency arrangement in Tennessee?

Correct Answer

C) Both the buyer and the seller must provide written informed consent before any designated agency relationship is established

Written informed consent from both parties is the requirement for dual agency in Tennessee, not for designated agency. Under Tenn. Code Ann. § 62-13-401 et seq., designated agency is structured precisely to avoid dual agency conflicts by assigning separate affiliate brokers to each party. While proper disclosure using the TREC-approved Agency Disclosure form is required, Tennessee law does not mandate that both parties provide written informed consent specifically to authorize the designated agency structure itself — that consent requirement applies to dual agency. This distinction is a frequently tested and commonly confused point on the Tennessee state exam.

Answer Options
A
The broker-in-charge assigns a specific affiliate broker to represent the buyer and a different affiliate broker to represent the seller within the same firm
B
Each designated affiliate broker owes undivided loyalty and full representation duties exclusively to their assigned client
C
Both the buyer and the seller must provide written informed consent before any designated agency relationship is established
D
The TREC-approved Agency Disclosure form must be presented to both parties no later than the first substantive contact between the licensee and the client

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Related Topics & Key Terms

Key Terms:

designated_agencydual_agencywritten_consentagency_disclosurefirst_substantive_contactbroker_in_chargeaffiliate_broker

Related Concepts

A situation where a single agent or brokerage represents both the buyer and the seller in the same real estate transaction.

An agency relationship created by a clear, explicit agreement between the principal and agent, either orally or in writing.

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.

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