Tennessee Code Annotated

Tenn. Code Ann. § 62-13-301 (2026)

License requirement

✓ current as of May 2026
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It is unlawful for any person, directly or indirectly, to engage in or conduct, to advertise or claim to be engaging in or conducting the business, or acting in the capacity of a real estate broker, affiliate broker, time-share salesperson or acquisition agent, as defined in § 62-13-102, within this state, without first obtaining a license as broker, affiliate broker, time-share salesperson or acquisition agent, as provided in this chapter, unless exempted from obtaining a license under § 62-13-104. No person shall be permitted to hold, at the same time, an active time-share salesperson license and an active acquisition agent license.

Acts 1973, ch. 181, § 2; 1981, ch. 473, § 2; T.C.A., § 62-1303; Acts 1989, ch. 89, § 7; 2002, ch. 812, § 2; 2004, ch. 456, § 1.


Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1994–2021 · 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). · cites it 2× “To achieve this end, the Act requires persons dealing in real estate to obtain a real estate broker’s license, Tenn.Code Ann. § 62-13-301, and the failure to obtain a broker’s license before engaging in acts defined as “brokering” is punishable as a Class B misdemeanor.”
Bus. Brokerage Centre v. Dixon, 874 S.W.2d 1 (Tenn. 1994). · cites it 2× “To achieve this end, the Act requires persons dealing in real estate to obtain a real estate broker’s license, Tenn.Code Ann. § 62-13-301, and the failure to obtain a broker’s license before engaging in acts defined as “brokering” is punishable as a Class B misdemeanor.”
Burks v. Elevation Outdoor Advert., LLC, 220 S.W.3d 478 (Tenn. Ct. App. 2006). · cites it 2× “*484 Tenn.Code Ann. § 62-13-301 (Supp.2005). The Act defines a “broker” to include the following: (A) “Broker” means any person who for a fee, commission, finders fee or any other valuable consideration, or with the intent or expectation of receiving the same from another,…”
Ernest Hobbs v. Russell L. Leonard (Tenn. Ct. App. 2019). · cites it 2× “Tenn. Code Ann. § 62-13-301 . The failure of a person to obtain a real estate -6- broker’s license before acting as a broker commits a Class B misdemeanor.”
Toryiana Louisa Soto v. Presidential Props., LLC (Tenn. Ct. App. 2021). · cites it 2× “Tenn. Code Ann. § 62-13-301 ; Bus. Brokerage Centre, 874 S.”
Realty Ctr. New Homes Div., LLC v. Dowlen Constr., LLC (Tenn. Ct. App. 2008). · cites it 2× “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). “§ 62-13-301 (Supp. 2005). The Act defines a “broker” to include the following: (A) “Broker” means any person who for a fee, commission, finders fee or any other valuable consideration, or with the intent or expectation of receiving the same from another, solicits, negotiates or…”
Crye-Leike. v. Est. of Kenneth Earp (Tenn. Ct. App. 2004). “Particularly with regard to Tennessee Code Annotated sections 62-13-301, 62-13-102(3)(A), 62-13-103, 62-13-318(a)(4), 62-13-302, it is alleged that Hub Reese engaged in activities which are prohibited to anyone without a valid real estate license.”
Bowden Corp. v. Tn Real Est. (Tenn. Ct. App. 1999). “§ 62-13-301 , and the failure to obtain a broker's license before engaging in acts defined as "brokering" is punishable as a Class B misdemeanor.”
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