Tennessee requires agency disclosure:
Question & Answer
Review the question and all answer choices
At closing only
CORRECT_ANSWER
At the first substantive contact or communication
Only if requested
CORRECT_ANSWER
Never
CORRECT_ANSWER
Why is this correct?
Tennessee requires agency disclosure at the first substantive contact or communication with a prospective client. This ensures transparency from the very beginning of the professional relationship, allowing clients to understand their agent's fiduciary duties before proceeding further in the transaction.
Deep Analysis
AI-powered in-depth explanation of this concept
Agency disclosure is a fundamental concept in real estate that establishes the legal relationship between agents and clients. This question specifically addresses Tennessee's timing requirements for agency disclosure, which is crucial because it affects when an agent's fiduciary duties begin. The question tests understanding of when this disclosure must occur in the transaction process. Option A (closing only) is incorrect because disclosure must happen much earlier. Option C (only if requested) is wrong as disclosure is mandatory, not optional. Option D (never) is obviously incorrect as disclosure is required by law. The correct answer, B, aligns with most state regulations that require early disclosure to ensure transparency and protect consumers. This question challenges students because it requires knowledge of specific state regulations rather than general principles, and because the timing of disclosure is a nuanced aspect of agency relationships that many new agents misunderstand.
Knowledge Background
Essential context and foundational knowledge
Agency disclosure requirements exist in all states to protect consumers by clarifying the legal relationship between real estate professionals and their clients. These regulations emerged from consumer protection concerns about potential conflicts of interest. In Tennessee, the first substantive contact rule means that as soon as an agent has a meaningful conversation with a prospective client about real estate services, they must disclose their agency relationship. This typically happens before discussing specific properties or financial information, ensuring clients understand their agent's obligations from the outset.
F.I.R.S.T. - First substantive contact, Immediately required, Relationship established, Set expectations, Transparency begins
When encountering a question about agency disclosure timing, remember F.I.R.S.T. to recall that disclosure must happen at First substantive contact
For agency disclosure questions, look for keywords like 'first substantive contact' or 'initial communication' as indicators of correct timing. Most states require early disclosure, not just at closing.
Real World Application
How this concept applies in actual real estate practice
A prospective buyer calls a listing agent about an open house they saw advertised. The buyer asks about the property's features and pricing. Under Tennessee law, this constitutes substantive contact, requiring the agent to immediately disclose their agency relationship and who they represent. If the agent fails to disclose and later represents both parties, it could create a conflict of interest and potential legal issues. Proper disclosure at this early stage allows the buyer to decide whether to work with the listing agent or seek their own representation.
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