NEW MINIMUMUM
LEVEL OF SERVICES
FOR REAL
ESTATE LICENSEES IN
SECTION 1. Tennessee Code Annotated, Section 62-13-401, is amended by adding the
following language at the end of the section:
The
negotiation and execution of either an exclusive agency listing agreement
or an exclusive right to sell listing
agreement with a prospective seller shall
establish an agency relationship with
the seller.
SECTION 2. Tennessee Code Annotated, Section 62-13-404, is amended by adding the
following language as a new subdivision thereto:
(3) Unless the following duties
are specifically and individually waived, in
writing by a client, a licensee shall
assist the client by:
(A) Scheduling all property showings on behalf of the client;
(B) Receiving all
offers and counter offers and forwarding them promptly to
the client;
(C) Answering any
questions that the client may have in negotiation of a
successful purchase agreement within the
scope of the licensee's
expertise; and
(D) Advising the client as to whatever forms,
procedures and steps are
needed
after execution of the purchase agreement for a successful
closing
of the transaction.
Upon waiver of any of the above
duties, a consumer must be advised in writing by
such consumer's agent that the consumer
may not expect or seek assistance from
any other licensees in the transaction
for the performance of the above.
The effective date of this Act is July, 1 2006.
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[ It is the goal of this legislation to insure that a Tennessee Licensed
Agent is not forced into difficult situations or ethical conflicts where they
are responsible for representing their client and the client of another agent
who is an absentee. The consumer will have full disclosure as to what is
expected from their full service or minimal service licensed agent. ]