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Tennessee allows which type of agency relationship where one licensee represents both parties?

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Question & Answer

Review the question and all answer choices

A

Disclosed dual agency with written consent

Correct Answer
B

Undisclosed dual agency

Undisclosed dual agency is illegal in Tennessee and in every U.S. jurisdiction β€” it constitutes fraud and a fundamental breach of fiduciary duty because the agent is secretly serving two masters without either party's knowledge or consent, which is precisely the harm that agency law is designed to prevent.

C

Dual agency is prohibited

Dual agency is not prohibited in Tennessee; the state has made a deliberate legislative choice to permit it under conditions of full disclosure and written consent, distinguishing it from states that have moved toward designated agency or transaction brokerage models as alternatives to dual agency.

D

Only transaction brokerage

While transaction brokerage exists as a concept in some states, Tennessee's agency law framework permits disclosed dual agency with written consent as the primary mechanism for handling same-brokerage transactions where one licensee works with both parties; Tennessee does not limit same-party representation exclusively to a transaction brokerage model.

Why is this correct?

Answer A is correct because Tennessee Code Annotated Section 62-13-405 expressly permits dual agency provided that the licensee makes full written disclosure of the dual agency relationship and obtains written informed consent from both the buyer and the seller before proceeding. This consent-based approach reflects Tennessee's policy that autonomy and informed consent can cure what would otherwise be an impermissible conflict of interest. Without the written disclosure and consent, dual agency in Tennessee is unlawful and exposes the licensee to disciplinary action, license revocation, and civil liability.

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