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TN SB0394

TN SB0394
AN ACT to amend Tennessee Code Annotated, Title 56, Chapter 35 and Title 66, relative to real property transactions.


summary

Introduced
01/28/2025
In Committee
Crossed Over
Passed
04/27/2026
Dead
Signed/Enacted/Adopted
04/27/2026

Introduced Session

114th General Assembly

Bill Summary

As enacted, requires title insurance agencies that separately represent the buyer and seller in a real estate transaction and agree to an arrangement to share the title insurance premiums, commissions, or other fees paid by the buyer and seller, to provide written notice to the buyer and seller of such sharing arrangement and to receive signed, written acknowledgement from the buyer and seller confirming that they were so notified in writing; makes other related changes. - Amends TCA Title 56, Chapter 35 and Title 66.

AI Summary

This bill, concerning real property transactions in Tennessee, introduces new provisions that grant purchasers or borrowers the authority to select the settlement agent, which is the entity responsible for handling the closing of a real estate deal, including tasks like title insurance and document recording. It also clarifies that if two title insurance agencies agree to share premiums, commissions, or other fees, they must provide written notice to both the buyer and seller and obtain their signed consent, while also prohibiting one agency from assuming liability for a policy it did not issue. Furthermore, the bill states that the settlement agency chosen by the purchaser or borrower on the contract will be the exclusive issuing title insurance agency, unless a mortgage lender, broker, or servicer has a right of approval, and this provision cannot be waived or modified, applying to most residential property transactions within the state but excluding the initial sale of new construction with more than four units and auction sales.

Committee Categories

Business and Industry, Justice

Sponsors (1)

Last Action

Comp. became Pub. Ch. 769 (on 04/27/2026)

Bill Topics

Banking, Finance, and Domestic Commerce
  • ‐ Insurance Regulation
Community Development and Housing Issues
  • ‐ Housing and Real Estate Finance

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