WITHOUT A WRITTEN CONTRACT YOU ARE NOT AN "AGENT"

Tennessee law states that an agency relationship does not exist without a bilateral, written agency agreement between the licensee and the buyer or seller. A disclosure form is not an agreement/contract! If a licensee simply "declares" that he or she is a buyer's agent, or gives somebody a disclosure form that says he/she is a buyer's agent, but has not negotiated and signed a written buyer agency agreement with that buyer, then the licensee is not a Buyers Agent. The licensee is still a Facilitator -Transaction Broker regardless of what he or she says; to represent himself or herself as a buyer's agent is misrepresentation, another violation of law. The law is very clear: an agency relationship can be created in only one way through a written agency agreement with a consumer. The law states very clearly than an "agency relationship shall not be assumed, implied or created without a written bilateral agreement that establishes the terms and conditions of such agency relationship". The law also states very clearly that "the disclosure of agency or facilitator/transaction broker status ... shall not be construed as, or be considered a substitute for, a written agreement to establish an agency relationship between the broker and a party to a transaction... This means that if you are going to be a seller’s agent or a buyer’s agent in a transaction, you must have a written Agency agreement.