Tennessee Code Annotated
Tenn. Code Ann. § 62-39-104 (2026)
Applicability
✓ current as of May 2026
- (a) This chapter does not apply to a real estate broker or salesperson licensed by this state who, in the ordinary course of business, gives an opinion to a potential seller or third party as to the recommended listing price of real estate or an opinion to a potential purchaser or third party as to the recommended purchase price of real estate. This opinion as to the listing price or the purchase price shall not be referred to as an appraisal and no opinion shall be rendered as to the value of the real estate or real property.
- (b) This chapter does not apply to a full-time employee who, in the ordinary course of business, gives an opinion of the value of real estate to the employee's employer; provided, that the opinion may not be represented as an appraisal.
- (c) This chapter shall in no way affect any person who is registered with the state board of equalization in accordance with § 67-5-1514 while performing any service of any nature for any taxpayer before any tax or assessment authority, agency or board of equalization.
- (d)
- (1) This chapter does not apply to any evaluation of the value of real estate serving as collateral for a loan made by a federally regulated financial institution or to any evaluation of the value of the assets of a trust held by the institution; provided, that:
- (A) The applicable federal regulator does not require an appraisal by a state-licensed or state-certified appraiser for the loan or trust;
- (B) The evaluation is used solely by the financial institutions in their records to document the collateral or asset value;
- (C) The evaluation shall be labeled on its face "this is not an appraisal"; and
- (D) Individuals performing these evaluations may be compensated for their services.
- (2) Nothing in this chapter shall prevent a state-licensed or state-certified appraiser from performing the evaluation.
- (1) This chapter does not apply to any evaluation of the value of real estate serving as collateral for a loan made by a federally regulated financial institution or to any evaluation of the value of the assets of a trust held by the institution; provided, that:
Acts 1990, ch. 865, § 5; 1991, ch. 366, § 6; 1992, ch. 697, § 5; 1994, ch. 605, § 9.
Notes of Decisions
Cited in 3
cases, 2002–2012 · leading case: Lori Ann Bates v. Stephen Lee Bates (Tenn. Ct. App. 2012).
Lori Ann Bates v. Stephen Lee Bates (Tenn. Ct. App. 2012). “§ 62-39-103 (a) states: Except as provided in § 62-39-104, it is unlawful for anyone to solicit an appraisal assignment or to prepare an appraisal or an appraisal report relating to real estate or real property in this state without first obtaining a real estate appraiser’s…”
City of Pulaski v. Albert M. Morris, Jr. & Judith L. Morris (Tenn. Ct. App. 2010). “” While the Morrises are correct that licensed appraisers can testify as to value, they are not the only persons properly admitted as experts 4 , and the statute cited by the Morrises does not limit the trial court’s discretion in admitting 2 Section 103(a) states: Except as…”
Dept. of Transp. v. John Wheeler (Tenn. Ct. App. 2002). “§ 62-39-103 (a) (1997) which provides, in part, that “[e]xcept as provided in § 62-39-104 . . . it is unlawful for anyone to solicit an appraisal assignment, or prepare an appraisal or an appraisal repo rt relating to real estate or real pro perty in this state, without first…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.