Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB0394

Caption

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

Impact

If enacted, SB0394 will significantly impact how real estate transactions are conducted in Tennessee. It aims to enhance buyer protection while ensuring that settlements and closings are managed according to established underwriting rules dictated by title insurance companies. The overarching goal is to foster a more transparent and consumer-friendly environment in real estate dealings, which may lead to buyers having better experiences and outcomes in transactions.

Summary

Senate Bill 394 (SB0394) seeks to amend Tennessee Code Annotated concerning real property transactions, specifically regarding the rights and responsibilities of parties involved in such transactions. The bill grants purchasers or borrowers the exclusive right to select their own settlement agent, independent of the stipulations or preferences of sellers. This provision emphasizes the autonomy of buyers in the purchasing process and establishes that sellers cannot require the use of a specific settlement agent as a condition of the sale or service contract terms.

Sentiment

The sentiment surrounding SB0394 appears to lean toward favoring consumer rights and transparency in real estate transactions. Advocates argue that the bill empowers buyers, allowing them the freedom to choose settlement agents they trust, while critics, if any, might be concerned about potential complications with existing practices in real estate transactions. Those in the industry may view the bill as a shift in traditional power dynamics between sellers and buyers.

Contention

Notable points of contention may involve the role of mortgage lenders and brokers within these transactions, particularly how their interests align or conflict with the new rights granted to buyers. Additionally, any potential pushback could stem from concerns about the enforcement of these regulations and the implications for agents and service providers already established in the real estate market. Nevertheless, the bill asserts a significant shift towards greater protection for purchasers in real property transactions.

Companion Bills

TN HB0569

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

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