Agency

When a Tennessee licensee represents a client in a short sale (where the sale price is less than the mortgage balance), the licensee has a duty to:

AGuarantee the lender will approve the short sale
BAdvise the client to seek legal and/or tax counsel about the implications✓ Correct
CNegotiate directly with the lender on behalf of the client
DFile the short sale application with TREC for approval

Explanation

Short sales have significant legal and tax implications (potential deficiency judgment, forgiven debt as taxable income). A Tennessee licensee should advise their client to seek legal and/or tax counsel. The licensee facilitates the transaction but should not provide legal or tax advice.

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