govt.fyi
Back to SB 394
Tennessee General Assembly· SB 394Companion House Bill substituted

Insurance Companies, Agents, Brokers, Policies - 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 in, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Tennessee General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the chaptered version. The official bill page.
.'
!~,
     E\:'"'1\:

; "1: =""-""~::;, ,:trl •

                     ~tate of \leennessee

                          PUBLIC CHAPTER NO. 769

                                                   HOUSE BILL NO. 569

                                               By Representative Farmer

                                        Substituted for: Senate Bill No. 394

                                                      By Senator Rose

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Title 56, Chapter 35, Part 1, is amended by
adding the following as new sections:

          56-35-134.

                    (a) If two (2) title insurance agencies that separately represent the buyer and
          seller agree to an arrangement to share the title insurance premiums, commissions, or
          other fees paid by the buyer and seller in a real estate transaction, then the title
          insurance agencies must:

                              (1) Provide written notice to the buyer and seller that the title insurance
                    premiums, commissions, or other fees paid by the buyer and seller will be shared
                    between the two (2) title insurance agencies; and

                              (2) Receive signed, written acknowledgement from both the buyer and
                    the seller confirming that the buyer and seller were notified in writing of the title
                    insurance agencies' intent to share the title insurance premiums, commissions, or
                    other fees paid by the buyer and seller.

                    (b) A title insurance agency participating in such arrangement shall not purport to
          accept, assume, share, or guarantee a liability for losses arising under a title insurance
          policy that the title insurance agency did not issue.

                    (c) A title insurance agency is not obligated to participate in an arrangement to
          share the title insurance premiums, commissions, or other fees paid by the buyer and
          seller in a real estate transaction.

          56-35-135.

                    (a) As used in this section:

                              (1) "Mortgage lender" has the same meaning as defined in§ 47-32-102;

                              (2) "Mortgage loan broker" has the same meaning as defined in § 47-32-
                    102; and

                              (3) "Mortgage loan servicer" has the same meaning as defined in § 47-
                    32-102.

                    (b) Subject to any right of approval by a mortgage lender, mortgage loan broker,
          or mortgage loan servicer, where those persons or entities are involved in a real property
         transaction, the settlement agency that is listed as the selected settlement agency for
         the purchaser or borrower on the contract in connection with the transaction is
         exclusively authorized to act as the issuing title insurance agency.

                    (c) This section must not be waived or modified by any party to a transaction.
HB569
                    (d) This section only applies to a transaction involving the purchase of or lending

          on the security of real property located within this state that contains not less than one
          (1) nor more than four (4) residential dwelling units.

                    (e) This section does not apply to:
                              (1) The first-time sale of:
                                        (A) New construction real property located within this state
                              containing no less than one (1 ), nor more than four (4), residential
                              dwelling units; or
                                        (8) A new construction condominium or single-family residence
                             that is part of a development containing more than four (4) residential
                              dwelling units; or
                              (2) The sale of real property located in this state by auction, regardless of

                   whether the auction is held in person or online.
          SECTION 2. This act takes effect July 1, 2026, the public welfare requiring it.

                                                               2
         HOUSE BILL NO. 569

PASSED:  April 6, 2026

                            L • I i

                        CAMERONSEXTON,SPEAKER
                        HOUSE OF REPRESENTATIVES

                        n . b ~w.._           h-,-a-. .-~ - - -'--.-.'.' \.I. -
                                           '
                                              •  RANDYM

                                              SPEAKER OF THE

/Jrpo APPROVED this J ( '!i day of  I            2026

    /31,U"' -

BILL LEE, GOVERNOR
Every fact on this page links to its source, starting with the official bill record.