Tennessee Code Annotated
Tenn. Code Ann. § 62-13-402 (2026)
Limited agency
✓ current as of May 2026
- (a) If a real estate licensee is engaged as an agent, the real estate licensee serves as a limited agent retained to provide real estate services to a client. The licensee shall function as an intermediary in negotiations between the parties to a transaction unless the parties negotiate directly.
- (b) A real estate licensee shall owe all parties to a transaction the duties enumerated in § 62-13-403. A licensee shall owe to the licensee's client the duties enumerated in § 62-13-404.
- (c) Notwithstanding any law to the contrary, the duties enumerated in §§ 62-13-403 and 62-13-404 shall supersede any fiduciary or common law duties owed by a licensee to the licensee's client on January 1, 1996.
Acts 1995, ch. 246, § 4.
Notes of Decisions
Cited in 9
cases, 1999–2020 · leading case: Harold Oliver v. Todd Pulse (Tenn. Ct. App. 2020).
Harold Oliver v. Todd Pulse (Tenn. Ct. App. 2020). “Pulse’s duty was limited to disclosing “adverse facts,” that he complied with all duties enumerated the statutes, that section 62-13-402 abrogated any common law fiduciary duties, and that indemnity was not appropriate under the circumstances of this case.”
Ann Taylor Realtors, Inc. v. John N. Sporup (Tenn. Ct. App. 2010). “Tenn. Code Ann. § 62-13-402 (2009). The question here is whether the Sporups have established a breach of fiduciary duty.”
Fredrico A. Dixon, III v. Patricia Grissom (Tenn. Ct. App. 2015). “See Tenn. Code Ann. § 62-13-402 (a) (2009) (―If 15 a real estate licensee is engaged as an agent, the real estate licensee serves as a limited agent retained to provide real estate services to a client.”
Gregory White v. Jack Miller (Tenn. Ct. App. 2017). “A licensee must place the interests of the client before all others in negotiation of a transaction and in other activities, except where the loyalty duty would violate licensee’s duties to a customer under § 62-13-402 or a licensee’s duties to another client in a dual agency;…”
Gregory White v. Jack Miller (Tenn. Ct. App. 2018). “A licensee must place the interests of the client before all others in negotiation of a transaction and in other activities, except where the loyalty duty would violate licensee’s duties to a customer under § 62-13-402 or a licensee’s duties to another client in a dual agency[.”
Gary Weaver v. Thomas R. McCarter (Tenn. Ct. App. 2006). “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 § 62-13-402 or a licensee’s duties to another client in a dual agency.”
Reid R. Crumpton v. Patricia G. Grissom (Tenn. Ct. App. 2013). “A licensee must place the interests of the client before all others in negotiation of a transaction and in other activities, except where the loyalty duty would violate licensee’s duties to a customer under § 62-13-402 or a licensee’s duties to another client in a dual agency;…”
Donna Bobo v. State of Tennessee Real Est. Comm'n (Tenn. Ct. App. 2014). “A licensee must place the interests of the client before all others in negotiation of a transaction and in other activities, except where the loyalty duty would violate licensee’s duties to a customer under § 62-13-402 or a licensee’s duties to another client in a dual agency; .”
Gage v. Seaman (Tenn. Ct. App. 1999). “Linda Bell signed an agency disclosure statement that placed on her a duty “to disclose all facts known to the agent materially affecting the value or desirability of property that are not known to, or within the diligent attention and observation of, the parties.”
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