Quick answer (as of October 2026) No. Tennessee law doesn’t require you to use a Realtor to buy or sell a home, and an owner can sell their own property without a real estate license. What changed is how representation works. Since August 17, 2024, under the National Association of REALTORS settlement practice changes, a buyer touring with an agent who uses the MLS signs a written agreement before touring a home, and that agreement has to spell out the agent’s pay and say commissions are negotiable. In Tennessee, an agent doesn’t represent you until you both sign a written agency agreement.
The licensee who opens the door at a Franklin open house usually works for the seller. Tennessee law treats a listing agreement as an agency relationship with the seller. If you haven’t signed a written agreement with an agent of your own, nobody in that kitchen is your advocate.
You can buy or sell a home in Tennessee on your own. The decision is whether you want someone on your side of the table who owes you loyalty, and what that’s worth to you.
The rules below are Tennessee agency law and the 2024 settlement practice changes, and they apply the same way in Franklin, Thompson’s Station, Spring Hill, College Grove and the rest of Middle Tennessee.
Do you need a Realtor to buy a house in Tennessee?
No. No Tennessee rule makes a buyer hire an agent, and you can make an offer through the listing agent or directly to an owner selling on their own. What you give up is a licensee who owes you loyalty and the specific duties Tennessee law gives a client.
Under Tenn. Code Ann. 62-13-404, an agent working for you as a client has to put your interests ahead of everyone else’s in the negotiation. Unless you waive them in writing, that agent also schedules your showings, receives every offer and counteroffer and forwards it to you promptly, answers your questions about negotiating the purchase agreement, and advises you on the forms, procedures and steps to get from signed contract to closing.
If you buy without your own agent, the listing agent owes you the duties every party gets: honesty, reasonable skill and care, and disclosure of adverse facts they actually know about. Their loyalty belongs to the seller.
Do you need a Realtor to sell a house in Tennessee?
No. Tennessee’s licensing law exempts an owner selling their own property, so you can list, show and sign a contract on your own home. The state’s disclosure rules apply to you either way.
The Tennessee Residential Property Disclosure Act covers homes with one to four units whether or not a licensee is involved. You still owe the buyer a property condition disclosure, or an as-is disclaimer they agree to, before the contract is accepted. My guide to selling a house by owner in Tennessee walks through that route, and my seller’s guide to getting top dollar covers the disclosure rules in detail.
What a listing agent adds is the pricing, marketing, showing schedule and negotiation. My seller services page lays out how I handle each one.
What is a buyer agency agreement in Tennessee?
A buyer agency agreement is the written contract that makes a real estate licensee your agent when you buy. Tennessee law says an agency relationship can’t be assumed, implied or created without a written agreement signed by both sides (Tenn. Code Ann. 62-13-401).
When the agreement is exclusive, a Tennessee Real Estate Commission rule (Tenn. Comp. R. & Regs. 1260-02-.36) requires the agent to tell you three things and confirm them in writing:
- Set up all showings and inspections through your agent instead of calling other agents directly.
- Tell any other licensee you meet, including at an open house, that you’re represented.
- Whether you’ll owe a commission if you buy a home without your agent’s help, through another licensee or straight from an owner.
The NAR settlement rules add their own required terms on top of state law:
| What the agreement must say | What it means for you | Where the rule is |
|---|---|---|
| The agent’s compensation, stated clearly | A real amount, rate or formula. “Whatever the seller offers” doesn’t count. | NAR settlement practice changes, August 17, 2024 |
| A cap on what the agent can receive | The agent can’t collect more than the agreed amount from any source, seller included. | NAR settlement practice changes, August 17, 2024 |
| That commissions are negotiable | Broker commissions aren’t set by law and are fully negotiable, and the agreement has to say so conspicuously. | NAR settlement practice changes, August 17, 2024 |
| Viewings, open houses and commission owed if you buy without the agent | How you’ll work together day to day, in writing, for exclusive agreements | Tenn. Comp. R. & Regs. 1260-02-.36 |
NAR says its policy doesn’t dictate whether the agreement is exclusive or how long it lasts, and its own examples run from one day to one house. The term and scope are yours to negotiate with the agent.
What changed for Tennessee home buyers on August 17, 2024?
On August 17, 2024, the NAR settlement practice changes took effect. Since then, a buyer touring with an agent who uses the MLS signs a written agreement before touring a home, in person or by live video, and offers to pay buyers’ agents can’t be posted on the MLS.
You don’t need an agreement to walk into an open house or to have a general conversation with an agent about their services, per NAR. The agreement comes in when an agent starts working with you to tour homes.
Sellers can still offer to pay a buyer’s agent outside the MLS, and they can still offer concessions like help with your closing costs on the MLS. So who pays the buyer’s agent is now a negotiation, and it shows up in two places: your written agreement and your offer.
What does a buyer’s agent do that a facilitator doesn’t?
In Tennessee, a licensee who hasn’t signed a written agency agreement with you is a facilitator. A facilitator owes you honesty and care. Your own agent owes you loyalty on top of that, along with specific duties in the negotiation and through closing.
| Duty under Tennessee law | Facilitator (no written agency agreement) | Your agent (written agency agreement) |
|---|---|---|
| Reasonable skill and care, honesty and good faith | Yes | Yes |
| Disclose adverse facts the licensee actually knows | Yes | Yes |
| Keep your confidential information private | Yes | Yes |
| Put your interests ahead of everyone else’s | No | Yes |
| Schedule your showings | No | Yes, unless you waive it in writing |
| Receive every offer and counteroffer and forward it to you promptly | No | Yes, unless you waive it in writing |
| Answer your negotiation questions and walk you through the steps to closing | No | Yes, unless you waive it in writing |
Sources: Tenn. Code Ann. 62-13-401 (facilitator status), 62-13-403 (duties to all parties) and 62-13-404 (duties to a client). This is a plain-language summary of the statutes, not legal advice.
Is Realtor commission negotiable in Tennessee?
Yes. Broker commissions aren’t set by law and are fully negotiable, and since August 17, 2024, every written buyer agreement under the NAR settlement rules has to say exactly that in plain view.
For sellers, the listing agreement sets what you pay your own agent, and you decide separately whether to offer anything toward the buyer’s agent. For buyers, your agreement sets what your agent earns, and your offer can ask the seller to cover part or all of it.
Whether it’s worth it depends on what the agent actually does for the fee. Ask any agent you interview to walk you through how they’d price, market or negotiate your deal, and what’s included. If the answer is vague, keep interviewing.
Where do people get hurt buying or selling on their own in Tennessee?
The trouble spots are paperwork and dates. These are the Tennessee and federal rules someone has to track:
- The seller’s condition disclosure or as-is disclaimer has to be delivered before the contract is accepted (Tenn. Code Ann. 66-5-203).
- For most homes built before 1978, federal rules require the seller to share known lead information and give the buyer a 10-day chance to test, unless the buyer waives it in writing, per the EPA.
- If you’re unrepresented, the agent you’re dealing with has to tell you their role before helping you and confirm it in writing before preparing your offer, with a receipt that lists the Real Estate Commission’s contact information (Tenn. Code Ann. 62-13-405). Read it before you sign it.
- The purchase agreement sets your inspection period, repair request window and closing date. Miss one and you can lose a right you were counting on.
- Any agent you hire should show up on the state’s license lookup at verify.tn.gov, which the Tennessee Real Estate Commission points consumers to.
If you’re buying, my post on how much to offer on a house covers the number itself.
What are the benefits of using a Realtor in Middle Tennessee?
The benefits of using a Realtor in Middle Tennessee are loyalty in the negotiation, pricing from the right closed sales, and someone tracking every Tennessee deadline and disclosure from offer to closing. You can do all of it yourself if you’re willing to track it.
Here’s what that looks like with me. I’ve been selling real estate since 2013 and investing in it since 2005, with more than $500 million in career sales and more than 500 transactions. I’m a U.S. Coast Guard veteran, I hold the Certified Negotiation Expert (CNE) designation, and I’ve been on HGTV’s House Hunters four times.
I live in Canterbury in Thompson’s Station, and my office is at 231 Public Square in Franklin. When I price a home, I start with closed sales in its own subdivision. When I write an offer, I build it from the same data. My Franklin, TN guide covers the neighborhoods, and my Franklin home value page gives sellers a starting number.
If you’re weighing whether to hire an agent for your next move, DM me, text or call 615-392-1186, and I’ll walk you through the agreement before you sign anything.
Frequently asked questions about using a Realtor in Tennessee
Do you need a Realtor to buy a house in Tennessee?
No. Tennessee doesn’t require a buyer to hire an agent. Without your own agent, the listing agent owes you honesty, reasonable care and disclosure of adverse facts they know about, but their loyalty belongs to the seller.
Do you need a Realtor to sell a house in Tennessee?
No. Tennessee’s licensing law exempts an owner selling their own property. The Tennessee Residential Property Disclosure Act still applies, so you owe the buyer a property condition disclosure, or an as-is disclaimer they agree to, before the contract is accepted.
Do I have to sign a buyer agreement before touring a home?
Yes, if you’re touring with an agent who uses the MLS. Since August 17, 2024, under the NAR settlement practice changes, a buyer signs a written agreement before touring a home in person or by live video. In Tennessee, an agent doesn’t represent you until you both sign a written agency agreement.
Do I need an agreement to go to an open house?
No. NAR’s settlement guidance says no written agreement is needed to attend an open house or to have a general conversation with an agent about their services.
Is Realtor commission negotiable in Tennessee?
Yes. Broker commissions aren’t set by law and are fully negotiable, and every written buyer agreement under the NAR settlement rules has to say so conspicuously.
Who pays the buyer’s agent in Tennessee?
It’s negotiated. Your written buyer agreement sets what your agent earns and caps it. A seller can still offer to pay a buyer’s agent outside the MLS, and your offer can ask the seller to cover part or all of it.
What is a facilitator in Tennessee real estate?
A facilitator is a licensee who helps with a transaction without a written agency agreement. Under Tenn. Code Ann. 62-13-401, that’s the default until you sign one. A facilitator owes you honesty, reasonable care and disclosure of known adverse facts, but not loyalty.
Can one Realtor help me sell my house and buy the next one?
Yes. You can sign a listing agreement for the home you’re selling and a separate buyer agreement for the one you’re buying with the same agent, each with its own terms.
Let’s go over the agreement before you sign anything
Whether you’re buying, selling or doing both, I’ll walk you through what you’d sign and what I’d do for it, line by line. DM me, text or call 615-392-1186.
