Duty owed to all
parties T.C.A. 62-13-403
“A licensee who provides
real estate services in a real estate transaction shall
owe all parties to such transaction the following
duties, except as provided otherwise by TCA 62-13-405,
in addition to other duties specifically set forth in
the official manual of the Tennessee Real Estate
Commission or the rules of the commission:
1. Diligently exercise
reasonable skill and care in providing services to all
parties to the transaction.
2. Disclose to each
party to the transaction any adverse facts of which
licensee has actual notice or knowledge.
3. Maintain for each
party to a transaction the confidentiality of any
information obtained by a licensee prior to disclosure
to all parties of a written agency or subagency
agreement entered into by the licensee to represent
either or both of the parties in a transaction. This
duty of confidentiality extends to any information
which the party would reasonably expect to be held in
confidence, except for information which the party has
authorized for disclosure, information required to be
disclosed under this part, and information otherwise
required to be disclosed pursuant to this chapter. This
duty survives both the subsequent establishment of an
agency relationship and the closing of the transaction.
4. Provide services to
each party to the transaction with honesty and good
faith.
5. Disclose to each
party to the transaction timely and accurate information
regarding market conditions that might affect such
transaction only when such information is
available through public records and when such
information is requested by a party.
6. Timely account for
trust fund deposits and all other property received from
any party to the transaction.
7. (a) Not engage in
self-dealing nor act on behalf of licensee's immediate
family, or on behalf of any other individual,
organization, or business entity in which the licensee
has a personal interest without prior disclosure of such
interest and the timely written consent of all parties
to the transaction.
(b) Not recommend to
any party to the transaction the use of services of
another individual, organization or business entity in
which the licensee has an interest or from whom the
licensee may receive a referral fee or other
compensation for the referral, other than referrals to
other
licensees to provide real estate services under the
Tennessee Real Estate Broker License Act of 1973,
without timely disclosing to the party who receives the
referral, the licensee's interest in such referral or
the fact that a referral fee may be received.
Duty owed to
licensee’s client
T.C.A. 62-13-404
Any licensee who acts
as an agent in a transaction regulated by the
Tennessee Real Estate Broker License Act of 1973
owes to such licensee's client in that transaction
the following duties, to:
1. Obey all
lawful instructions of the client when such
instructions are within the scope of the agency
agreement between licensee and licensee's client.
2.
Be loyal to the
interests of the client. A licensee must place the
interests of the client before all others in
negotiation of a transaction and in other
activities, except where such loyalty duty would
violate licensee's duties to a customer under TCA
62-13-402 or a licensee's duties to another client
in a dual agency.