Tennessee license law — the numbers
- Affiliate Broker pre-license
- 60 hours + 30-hour New Affiliate Broker course
- Broker license
- 3 years active licensure + 120 hours total education
- CE renewal cycle
- 16 hours every 2 years, including the TREC mandatory core
- Errors & omissions
- Continuous coverage required to stay active
- Earnest money deposit
- Into escrow by the end of the next banking day after acceptance
- Record retention
- 3 years from closing or the date the listing expired
- Advertising
- Must include the firm name as licensed with TREC
Agency duties you must recite
- O
- Obedience to lawful instructions
- L
- Loyalty — client's interest above your own
- D
- Disclosure of material facts
- C
- Confidentiality, which survives the agreement
- A
- Accounting for funds and documents
- R
- Reasonable care and diligence
- Facilitator
- No advocacy for either side; still owes honesty and accounting
Math formulas that actually show up
- Commission
- Sale price × rate = gross commission; then split by agreement
- Loan-to-value
- Loan amount ÷ appraised value or sale price, whichever is lower
- Capitalization rate
- Net operating income ÷ value
- Value from NOI
- NOI ÷ cap rate = value
- Property tax
- Assessed value × assessment ratio × tax rate
- Proration
- Annual amount ÷ 365 × days owed by that party
- Area
- Acre = 43,560 sq ft; section = 640 acres; mile = 5,280 ft
- Transfer tax (TN)
- $0.37 per $100 of consideration
- Mortgage tax (TN)
- $0.115 per $100 of indebtedness over $2,000
Contract triggers
- Valid contract
- Offer, acceptance, consideration, capacity, legal purpose
- Counteroffer
- Kills the original offer — it cannot be revived by acceptance
- Acceptance
- Not binding until communicated to the offeror
- Statute of frauds
- Real estate contracts must be in writing to be enforceable
- Time is of the essence
- Deadlines become material; missing one is a breach
- Specific performance
- Buyer's remedy forcing the seller to convey
- Liquidated damages
- Pre-agreed sum, usually the earnest money
Terms students miss most
- Emblements
- Annual crops — personal property, they go with the tenant
- Escheat
- Property to the state when an owner dies with no heirs or will
- Accretion vs. avulsion
- Gradual soil buildup vs. sudden loss of land
- Novation vs. assignment
- New party replaces liability vs. rights transfer only
- Encroachment vs. easement
- Unauthorized intrusion vs. granted right of use
- Police power
- Zoning and codes — no compensation owed
- Eminent domain
- Taking for public use — just compensation owed
- Freehold vs. leasehold
- Ownership interest vs. right of possession
- Fee simple defeasible
- Ownership that can be lost if a condition is violated
- Blockbusting / steering
- Fair housing violations — automatic wrong answer
Study aid only. Tennessee requirements are set by the Tennessee Real Estate Commission and can change — always confirm current rules with TREC before relying on a number.
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