Tennessee Code Annotated
Tenn. Code Ann. § 62-13-105 (2026)
Action by broker to collect compensation
✓ current as of May 2026
No action or suit shall be instituted, nor recovery be had by any person, in any court of this state for compensation for any act done or service rendered, the doing or rendering of which is prohibited under this chapter to other than by licensed brokers, affiliate brokers or time-share salespersons, unless the person was duly licensed under this chapter as a broker, affiliate broker or time-share salesperson at the time of performing or offering to perform any such act or service or procuring any promise or contract or the payment of compensation for any such contemplated act or service.
Acts 1973, ch. 181, § 6; 1981, ch. 473, § 3; T.C.A., § 62-1308; Acts 1989, ch. 89, §§ 3, 4.
Notes of Decisions
Cited in 17
cases (2 in the last 5 years), 1983–2026 · leading case: Prowell v. Parks, 767 S.W.2d 633 (Tenn. 1989).
Prowell v. Parks, 767 S.W.2d 633 (Tenn. 1989). “This appeal presents the issue as to whether T.C.A. § 62-13-105 prohibits any action to recover a real estate commission, including an action based on promissory fraud, by a person not licensed as a real estate broker.”
Baugh v. Novak, 340 S.W.3d 372 (Tenn. 2011). “”); Tenn.Code Ann. § 62-13-105 (2009) ("No action or suit shall be instituted, nor recovery be had by any person, in any court of this state for compensation for any act done or service rendered, the doing or rendering of which is prohibited under this chapter to other than by…”
Dickerson v. Sanders Mfg. Co., 658 S.W.2d 535 (Tenn. Ct. App. 1983). “Second, does plaintiff have a cause of action for fraud and deceit despite T.C.A. § 62-13-105? The Act is broad, covering almost all forms of compensation.”
Bowden Bldg. Corp. v. Tennessee Real Est. Comm'n, 15 S.W.3d 434 (Tenn. Ct. App. 1999). “Tenn.Code Ann. § 62-13-105. To maximize the deterrent effect of the Act, the Legislature drafted its provisions broadly.”
Burks v. Elevation Outdoor Advert., LLC, 220 S.W.3d 478 (Tenn. Ct. App. 2006). “Tenn.Code Ann. § 62-13-105 (1997). Additionally, any person who receives money while acting as an unlicensed real estate broker or affiliate broker in this state is “liable for a penalty of not less than the amount of the sum of money so received and not more than three (3)…”
Bus. Brokerage Centre v. Dixon, 874 S.W.2d 1 (Tenn. 1994). “Tenn. Code Ann. § 62-13-105 . To maximize the deterrent effect of the Act, the Legislature drafted its provisions broadly.”
Bennett v. MV Investors, 799 S.W.2d 221 (Tenn. Ct. App. 1990). “Bennett, d/b/a Wade Hampton Associates, (hereafter “plaintiff”) has appealed from a judgment of the Circuit Court of Shelby County granting summary judgment in favor of MV Investors (hereafter “defendants”), holding that plaintiff was denied access to the courts of this state…”
Coldwell Banker-Hoffman Burke & Donna Sliney v. Kra Holdings, 42 S.W.3d 868 (Tenn. Ct. App. 2000). “The Barden Court further noted that the chancellor, allowing the affiliate broker to maintain the action to collect the commission, erroneously relied upon T.C.A. § 62-13-105, which was added to Chapter 13 in 1973.”
Binswanger S. (N.C.), Inc. v. Textron, Inc., 860 S.W.2d 862 (Tenn. Ct. App. 1993). “hat: (1) the Binswanger Company, and not Southern, was the party with whom AVCO had contracted; (2) the Binswanger Company had violated the Tennessee Real Estate Broker License Act by soliciting and entering into the Sales Listing Agreement without having first obtained a real…”
March Grp., Inc. v. Bellar, 908 S.W.2d 956 (Tenn. Ct. App. 1995). “§ 62-13-102(2) and § 62-13-105 requiring sellers of real estate to have a real estate broker’s license in order to collect a commission.”
Ares Funding, LLC v. Ma Maricopa, LLC, 602 F. Supp. 2d 1144 (D. Ariz. 2009). “at 634 (quoting Tenn.Code Ann. § 62-13-105). And in RDP Dev.”
Toryiana Louisa Soto v. Presidential Props., LLC (Tenn. Ct. App. 2021). “2006) (quoting Tenn. Code Ann. § 62-13-105 ). Under the Act, “broker” is defined as a person “who, for a fee, commission, finders fee or any other valuable consideration or with the intent or expectation of receiving a fee .”
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