1260-02-.02
Termination Of Affiliation
Cite as Tenn. Comp. R. & Regs. 1260-02-.02
(1)
Any licensee or principal broker wishing to terminate the licensee’s affiliation with a firm shall
submit to the Commission a completed Transfer, Release and Change of Status Form
(TREC Form 1) or submit the required information through an online submission. If the
request is made using the TREC Form 1, the form must be hand-delivered, mailed, e-mailed
to the Commission, or submitted on a form designated by the Commission to be effective.
The principal broker’s supervisory responsibility for the future acts of the licensee shall
terminate upon the Commission’s receipt of the release form or online submission. The
principal broker shall retain a copy of the executed form or confirmation of online submission,
whichever is applicable.
RULES OF CONDUCT
CHAPTER 1260-02
(2)
Within ten (10) days after the date of release, the licensee shall complete the required
administrative measures for either change of affiliation or retirement. The licensee shall not
engage in any activities defined in § 62-13-102 until a change of affiliation is received and
processed by the Commission. Failure to comply with this provision may result in the
imposition of disciplinary action.
(3)
With regard to firm transfer requests that are completed through an online submission, the
Commission recognizes the transfer of an affiliated licensee to a new firm as having been
completed at the time that said transfer request is completed online and the transfer
confirmation is printed only if the following conditions are met:
(a)
Prior to the submission of the online transfer request, the principal broker who is
receiving the affiliated licensee into his or her firm has verified that the affiliated
licensee has an active Tennessee license and current errors and omissions insurance;
and
(b)
The online submission is complete, the submission contains an electronic signature,
and payment has been received. If the electronic submission is not complete, does not
have an electronic signature, or payment has not been received then the transfer shall
not be considered by the Commission to be a valid transfer and the affiliated licensee
will be placed into broker release status.
(4)
When a licensee terminates his affiliation with a firm, he shall neither take nor use any
property listings or buyer representation agreements secured through the firm, unless
specifically authorized by the principal broker in writing.
(5)
Upon demand by a licensee for his release from a firm, it shall be promptly granted by the
principal broker and the principal broker shall return the license to the licensee. If the licensee
cannot be located then the principal broker may return the license to the Commission.
(6)
If the principal broker is deceased or physically unable to sign the release, or refuses to sign
a release, the licensee requesting termination of affiliation must submit to the Commission an
Affidavit for Release.
(7)
If the affiliated licensee is deceased or physically unable to sign a release or make an online
submission, or refuses to sign a release or make an online submission, the principal broker
requesting termination of affiliation must submit to the Commission a completed TREC Form
1 or make an online submission.
(8)
The Commission will not intervene in the settlement of debts, loans, draws, or commission
disputes between firms, brokers and/or affiliates.