1260-02-.33
Gifts And Prizes
Cite as Tenn. Comp. R. & Regs. 1260-02-.33
(1)
A licensee may offer a gift, prize, or other valuable consideration as an inducement to the
purchase, listing, or lease of real estate only if the offer is made:
(a)
Under the sponsorship and with the approval of the firm with whom the licensee is
affiliated; and
(b)
In writing, signed by the licensee, with disclosure of all pertinent details, including but
not limited to:
1.
Accurate specifications of the gift, prize, or other valuable consideration offered;
2.
Fair market value;
3.
The time and place of delivery; and
4.
Any requirements which must be satisfied by the prospective purchaser or lessor.
(2)
A licensee shall not give or pay cash rebates, cash gifts, gift cards, cash prizes, or any similar
cash-based incentive in conjunction with any real estate transaction, except for the following
circumstances:
(a)
A licensee may offer a gift card at an open house for other real estate licensees;
(b)
A licensee may offer a gift card as a closing gift; and
(c)
The gift cards in subparagraph (b) may not be used in any advertisement to induce
business in conjunction with a real estate transaction.