Tennessee Code Annotated
Tenn. Code Ann. § 62-13-110 (2026)
Penalties
✓ current as of May 2026
- (a)
- (1) Any person acting as a broker, affiliate broker, time-share salesperson or acquisition agent without first obtaining a license commits a Class B misdemeanor.
- (2) A corporation that violates subdivision (a)(1) is ineligible to obtain a license for a period of one (1) year from the date of conviction of the offense.
- (b) Any person acting as a broker, affiliate broker, time-share salesperson or acquisition agent without first obtaining a license who has received any money or the equivalent of money as a fee, commission, compensation or profit by or in consequence of a violation of this chapter, is, in addition, liable for a penalty of no less than the amount of the sum of money so received and no more than three (3) times the sum so received, as may be determined by the court, which penalty may be recovered in any court of competent jurisdiction by any person aggrieved.
Acts 1973, ch. 181, § 18(a), (b), (c); T.C.A., § 62-1339; Acts 1982, ch. 589, §§ 1, 2; 1982, ch. 864, §§ 11, 12; 1989, ch. 89, § 5; 1989, ch. 591, § 112; 2002, ch. 812, § 3.
Notes of Decisions
Cited in 11
cases (1 in the last 5 years), 1989–2021 · leading case: Bowden Bldg. Corp. v. Tennessee Real Est. Comm'n, 15 S.W.3d 434 (Tenn. Ct. App. 1999).
Bowden Bldg. Corp. v. Tennessee Real Est. Comm'n, 15 S.W.3d 434 (Tenn. Ct. App. 1999). “§ 62-13-109 or § 62-13-110 by the [Commission], the Attorney General, in his official capacity, or the individual members of the [Commission] in their personal/individual and/or official capacities, against [Bow-den] in relation to the sale of any property owned by [Bowden]…”
Bus. Brokerage Centre v. Dixon, 874 S.W.2d 1 (Tenn. 1994). “Tenn.Code Ann. § 62-13-110 provides that a person who has received any compensation for acts prohibited by the Act may be liable for a penalty of not less than the amount so received and not more than three times the amount received.”
Burks v. Elevation Outdoor Advert., LLC, 220 S.W.3d 478 (Tenn. Ct. App. 2006). “Tenn.Code Ann. § 62-13-110 (Supp.2005). Further, we previously have noted that [a]ny other person, including an employee or other agent of the owner, who lists or sells that property, however, qualifies as a broker if he or she receives or expects to receive any valuable…”
Binswanger S. (N.C.), Inc. v. Textron, Inc., 860 S.W.2d 862 (Tenn. Ct. App. 1993). “” “Broker” is defined as: [A]ny person who for a fee, commission, finders fee or any other valuable consideration, or with intent or expectation of receiving the same from another, solicits, negotiates or attempts to solicit or negotiate the listing, sale, purchase, exchange,…”
Prowell v. Parks, 767 S.W.2d 633 (Tenn. 1989). “See T.C.A. § 62-13-110(a). But, more relevant to this case is the statutory denial of access to the courts of this state to such persons where they seek to recover compensation for their activities as a broker.”
Hermitage House Square, L.P. v. England, 929 S.W.2d 356 (Tenn. Ct. App. 1996). “Tenn.Code Ann. § 62-13-110. The definition of a broker found in Tenn.”
Realty Ctr. New Homes Div., LLC v. Dowlen Constr., LLC (Tenn. Ct. App. 2008). “Paragraph 26 states: 4 According to Dowlen, the reference should have been to Tenn. Code Ann. § 62-13-301 (Supp. 2008).”
Bowden Corp. v. Tn Real Est. (Tenn. Ct. App. 1999). “Tenn. Code Ann. § 62-13-110 (a)(1). Moreover, the Act also denies a nonlicensed person access to the courts to recover any commission, finders fee, or other compensation for the prohibited acts.”
Ernest Hobbs v. Russell L. Leonard (Tenn. Ct. App. 2019). “Tenn. Code Ann. § 62-13-110 (a)(1); see Bus.”
Toryiana Louisa Soto v. Presidential Props., LLC (Tenn. Ct. App. 2021). “2d at 3 (citing Tenn. Code Ann. § 62-13-110 (a)(1)); see also Tenn.”
Marshall Burks v. Elevation Outdoor Advert., LLC f/k/a Delta Outdoor Advert., LLC (Tenn. Ct. App. 2006). “§ 62-13-110 (Supp. 2005). Further, we previously have noted that [a]ny other person, including an employee or other agent of the owner, who lists or sells that property, however, qualifies as a broker if he or she receives or expects to receive any valuable consideration that is…”
— Tenn. Code Ann. § 62-13-110(a) — 3 cases
Bowden Bldg. Corp. v. Tennessee Real Est. Comm'n, 15 S.W.3d 434 (Tenn. Ct. App. 1999). “§ 62-13-109 or § 62-13-110 by the [Commission], the Attorney General, in his official capacity, or the individual members of the [Commission] in their personal/individual and/or official capacities, against [Bow-den] in relation to the sale of any property owned by [Bowden]…”
Prowell v. Parks, 767 S.W.2d 633 (Tenn. 1989). “See T.C.A. § 62-13-110(a). But, more relevant to this case is the statutory denial of access to the courts of this state to such persons where they seek to recover compensation for their activities as a broker.”
Bowden Corp. v. Tn Real Est. (Tenn. Ct. App. 1999). “Tenn. Code Ann. § 62-13-110 (a)(1). Moreover, the Act also denies a nonlicensed person access to the courts to recover any commission, finders fee, or other compensation for the prohibited acts.”
— Tenn. Code Ann. § 62-13-110(a)(1) — 5 cases
Binswanger S. (N.C.), Inc. v. Textron, Inc., 860 S.W.2d 862 (Tenn. Ct. App. 1993). “” “Broker” is defined as: [A]ny person who for a fee, commission, finders fee or any other valuable consideration, or with intent or expectation of receiving the same from another, solicits, negotiates or attempts to solicit or negotiate the listing, sale, purchase, exchange,…”
Bowden Bldg. Corp. v. Tennessee Real Est. Comm'n, 15 S.W.3d 434 (Tenn. Ct. App. 1999). “§ 62-13-109 or § 62-13-110 by the [Commission], the Attorney General, in his official capacity, or the individual members of the [Commission] in their personal/individual and/or official capacities, against [Bow-den] in relation to the sale of any property owned by [Bowden]…”
Bus. Brokerage Centre v. Dixon, 874 S.W.2d 1 (Tenn. 1994). “Tenn.Code Ann. § 62-13-110 provides that a person who has received any compensation for acts prohibited by the Act may be liable for a penalty of not less than the amount so received and not more than three times the amount received.”
Realty Ctr. New Homes Div., LLC v. Dowlen Constr., LLC (Tenn. Ct. App. 2008). “Paragraph 26 states: 4 According to Dowlen, the reference should have been to Tenn. Code Ann. § 62-13-301 (Supp. 2008).”
Bowden Corp. v. Tn Real Est. (Tenn. Ct. App. 1999). “Tenn. Code Ann. § 62-13-110 (a)(1). Moreover, the Act also denies a nonlicensed person access to the courts to recover any commission, finders fee, or other compensation for the prohibited acts.”
— Tenn. Code Ann. § 62-13-110(a)(l) — 2 cases
Bowden Bldg. Corp. v. Tennessee Real Est. Comm'n, 15 S.W.3d 434 (Tenn. Ct. App. 1999). “§ 62-13-109 or § 62-13-110 by the [Commission], the Attorney General, in his official capacity, or the individual members of the [Commission] in their personal/individual and/or official capacities, against [Bow-den] in relation to the sale of any property owned by [Bowden]…”
Burks v. Elevation Outdoor Advert., LLC, 220 S.W.3d 478 (Tenn. Ct. App. 2006). “Tenn.Code Ann. § 62-13-110 (Supp.2005). Further, we previously have noted that [a]ny other person, including an employee or other agent of the owner, who lists or sells that property, however, qualifies as a broker if he or she receives or expects to receive any valuable…”
— Tenn. Code Ann. § 62-13-110(b) — 3 cases
Burks v. Elevation Outdoor Advert., LLC, 220 S.W.3d 478 (Tenn. Ct. App. 2006). “Tenn.Code Ann. § 62-13-110 (Supp.2005). Further, we previously have noted that [a]ny other person, including an employee or other agent of the owner, who lists or sells that property, however, qualifies as a broker if he or she receives or expects to receive any valuable…”
Realty Ctr. New Homes Div., LLC v. Dowlen Constr., LLC (Tenn. Ct. App. 2008). “Paragraph 26 states: 4 According to Dowlen, the reference should have been to Tenn. Code Ann. § 62-13-301 (Supp. 2008).”
Marshall Burks v. Elevation Outdoor Advert., LLC f/k/a Delta Outdoor Advert., LLC (Tenn. Ct. App. 2006). “§ 62-13-110 (Supp. 2005). Further, we previously have noted that [a]ny other person, including an employee or other agent of the owner, who lists or sells that property, however, qualifies as a broker if he or she receives or expects to receive any valuable consideration that is…”
— Tenn. Code Ann. § 62-13-110(c) — 1 case
Bus. Brokerage Centre v. Dixon, 874 S.W.2d 1 (Tenn. 1994). “Tenn.Code Ann. § 62-13-110 provides that a person who has received any compensation for acts prohibited by the Act may be liable for a penalty of not less than the amount so received and not more than three times the amount received.”
— Tenn. Code Ann. § 62-13-110(e) — 1 case
Bus. Brokerage Centre v. Dixon, 874 S.W.2d 1 (Tenn. 1994). “Tenn.Code Ann. § 62-13-110 provides that a person who has received any compensation for acts prohibited by the Act may be liable for a penalty of not less than the amount so received and not more than three times the amount received.”
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