Working with a Real Estate Licensee

Tennessee law (T.C.A. § 62-13-403 through § 62-13-405) requires every real estate licensee to provide a written disclosure of the agency relationship at the first substantive contact with a consumer. This page explains how that relationship works between you and Disposition Realty Partners, LLC.

Tennessee is a default-disclosed agency state. Unless you sign a separate written agreement with us, Disposition Realty Partners represents the seller in any transaction. Beyond that, every licensee owes every consumer a baseline of honesty, fair dealing, reasonable skill and care, and disclosure of known material facts about the property — regardless of who they represent.

The roles DRP can take in a transaction

Designated agent for the seller

The default in most of our transactions. When DRP lists a property, we represent the seller and owe them the six standard fiduciary duties: loyalty, obedience to lawful instructions, full disclosure of material facts, confidentiality of personal and financial information, accounting for funds, and reasonable care.

Designated agent for the buyer

If you'd like DRP to represent you as a buyer, we'll ask you to sign a written buyer representation agreement before we show you property. Under buyer representation, we owe you the same six duties listed above and advocate on your behalf in negotiations.

Facilitator (transaction broker)

In some situations — for example, when buyer and seller both want our help completing a transaction but neither wants a fiduciary agency relationship — DRP can act as a neutral facilitator. We assist both parties with paperwork and process but do not advocate for either side.

Dual agency

Tennessee permits dual agency (DRP representing both buyer and seller in the same transaction) only with the written informed consent of both parties. DRP avoids dual agency in most cases. If a potential dual agency situation arises, we will disclose it in writing and give you the option to engage separate representation.

The buyer representation agreement requirement

As of August 17, 2024, federal settlement terms require a written buyer representation agreement before a real estate licensee can show a buyer a property. This applies to every brokerage in the country, not just DRP.

What the agreement does:

  • Establishes whether DRP is acting as your designated agent, as a facilitator, or in another capacity
  • Specifies how DRP is compensated for representing you — typically through the cooperating commission the listing brokerage offers, but the terms are negotiable
  • Defines the scope and duration of the relationship (e.g., specific property, specific market, specific time period)
  • Outlines your obligations and ours

You are not obligated to sign the agreement on the spot. Ask questions, take it home, have a real estate attorney review it if you prefer. We'll explain anything you want explained.

Confidentiality — what we can and cannot share

If you share information with DRP about your motivations to buy or sell, your financial situation, your urgency, your bottom-line price, or anything else that could affect your negotiating position, that information is confidential for the party we represent. The confidentiality obligation continues even after the transaction closes.

This is true whether or not you have formally engaged DRP as your designated agent. If you tell our showing agent something during a casual conversation, treat it as if it could affect the negotiation — and if you have something sensitive to share, ask first whether the conversation is confidential.

Owner-financed transactions

DRP markets owner-financed Tennessee homes at ownerfinancemarketplace.com on behalf of property sellers. In an owner-finance transaction, the seller (not a bank or mortgage lender) extends the financing directly to the buyer.

The agency principles described above still apply. DRP represents the seller of each owner-financed listing by default. A buyer can be represented by DRP through a buyer representation agreement, or by a separate buyer's agent of their choosing.

DRP is not a mortgage lender, mortgage broker, or mortgage loan originator. Owner-finance terms — purchase price, down payment, monthly payment, interest rate, balloon (if any), prepayment terms — are negotiated between buyer and seller. All transactions close through licensed Tennessee title companies and are documented in standard recorded instruments (deed, promissory note, deed of trust).

Tennessee Real Estate Commission resources

For the official Tennessee Real Estate Commission consumer disclosure and additional information about real estate licensee relationships, visit the Tennessee Real Estate Commission.

Questions about our role in your transaction

If you're not sure who DRP represents in a specific situation — or you want to discuss whether designated agency, facilitator, or independent representation is the right fit for you — contact us before signing anything. We will explain it clearly and in writing.

Disposition Realty Partners, LLC
3620 Singing Pines Rd, Pigeon Forge, TN 37863
Phone: 615.205.9052
Email: ryan@disporealty.com

Licensed Tennessee Brokerage
Disposition Realty Partners, LLC
Principal Broker: Stephen Carvelli
Office: 3620 Singing Pines Rd, Pigeon Forge, TN 37863
Firm Phone: 615.205.9052
TN Firm License #: 339670
Equal Housing Opportunity. We comply with the Federal Fair Housing Act and the Tennessee Human Rights Act.