Tennessee Code Annotated

Tenn. Code Ann. § 62-13-403 (2026)

Duty owed to all parties

✓ current as of May 2026

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A licensee who provides real estate services in a real estate transaction shall owe all parties to the transaction the following duties, except as provided otherwise by § 62-13-405, in addition to other duties specifically set forth in this chapter 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 the 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 that the party would reasonably expect to be held in confidence, except for information that 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 the transaction only when the information is available through public records and when the information is requested by a party;

(6) Timely account for trust fund deposits and all other property received from any party to the transaction; and

(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 the interest and the timely written consent of all parties to the transaction; and
- (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 this chapter, without timely disclosing to the party who receives the referral the licensee's interest in the referral or the fact that a referral fee may be received.

Acts 1995, ch. 246, § 5; 1996, ch. 772, §§ 5, 6.

Notes of Decisions

Cited in 16 cases (1 in the last 5 years), 2005–2023 · leading case: Cracker Barrel Old Country Store, Inc. v. Epperson, 284 S.W.3d 303 (Tenn. 2009).

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Cracker Barrel Old Country Store, Inc. v. Epperson, 284 S.W.3d 303 (Tenn. 2009). “June 6, 2006) (“After reviewing the [Tennessee Real Estate Broker License Act of 1973], we find no provision allowing for an award of attorney’s fees due to a breach of the duties set forth under sections 62-13-403 or 62-13-104 [ (Supp.2005) ].”

Jamie Paul Ledbetter & wife, Charlene Ledbetter v. Donald L. Schacht, 395 S.W.3d 130 (Tenn. Ct. App. 2012). · cites it 14× “However, that same subsection goes on to provide, “Nothing in this subsection (d) shall be construed to exempt or excuse a real estate licensee from making any of the disclosures required by § 62-13-403, § 62-13-405 or § 66-5-206, nor shall it be construed to remove, limit or…”

Gary Weaver v. Thomas R. McCarter (Tenn. Ct. App. 2006). · cites it 18× “Tenn. Code Ann. § 62-13-403 (1997). In their respective briefs, Defendants CBHB and Perdue argue that the trial court erred in granting summary judgment against them due to the existence of disputed material facts.”

Raymond Konop v. James Henry (Tenn. Ct. App. 2010). · cites it 15× “The trial court applied the duties set forth at Tenn. Code Ann. § 62-13-403 . As more fully explained, infra, the interpretation and application of section 62-13-403 is consistent with the interpretation and application of Tenn.”

James R. Haynes, III v. Leslie E. Lunsford (Tenn. Ct. App. 2017). · cites it 6× “See Tenn. Code Ann. § 62-13-403 . 6 In addition to the Lunsfords, Chalache, and Century 21, Buyers sued Gatlinburg Real Estate, LLC d/b/a Gatlinburg Real Estate and Rentals (the listing broker).”

Reid R. Crumpton v. Patricia G. Grissom (Tenn. Ct. App. 2013). · cites it 10× “Inasmuch as David Jent was not involved in or did not otherwise provide real estate services in the transactions, he was not obligated under Tenn. Code Ann. § 62-13-403 to disclose his knowledge, if any, of adverse facts.”

Harold Oliver v. Todd Pulse (Tenn. Ct. App. 2020). · cites it 3× “As the Ledbetter court noted, moreover, “a real estate licensee is not excused from making the disclosures required by § 62-13-403 of the Real Estate Broker License Act, and the Residential Property Disclosure Act does not remove or otherwise affect ‘any remedy provided by law…”

Ann Taylor Realtors, Inc. v. John N. Sporup (Tenn. Ct. App. 2010). · cites it 5× “Tenn. Code Ann. § 62-13-403 (2009). The duties set forth in sections 62-13-403 and -404 of the Code supersede any fiduciary or common law duties that a real estate licensee previously owed under Tennessee law.”

Kenneth Pettitt v. Curtis Williamson d/b/a Williamson Constr. (Tenn. Ct. App. 2008). · cites it 4× “Jones violated the duties in Tenn. Code Ann. § 62-13-403 required of a licensed real 1 The Pettitts also sued M r.”

Roemer v. Hurd (M.D. Tenn. 2023). · cites it 2× “” Tenn. Code Ann. § 62-13-403 (3). There is no indication in the Complaint that Roemer forbade Hurd from sharing his contact information with Shelton.”

Jerry Ann Winn v. Welch Farm, LLC (Tenn. Ct. App. 2011). · cites it 2× “” Tenn. Code Ann. § 62-13-403 (2). Both statutes require that the selling party have knowledge of either material conditions or adverse facts before the seller’s duty to disclose is triggered.”

This Is the Second Appeal of this Breach of Contract Case in Gary Weaver v. Thomas (Tenn. Ct. App. 2007). · cites it 2× “Specifically, the Plaintiffs asserted that Defendants Perdue and CBHB were negligent per se for violating section 62-13-403 of the Tennessee Real Estate Broker License Act of 1973.”

Show all 16 citing cases →

— Tenn. Code Ann. § 62-13-403(2) — 1 case

Robin Lee Stanfill v. John T. Mountain (Tenn. Ct. App. 2008).

— Tenn. Code Ann. § 62-13-403(2009) — 1 case

Spencer D. Land v. John L. Dixon (Tenn. Ct. App. 2013).

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