Amends TCA Title 40, Chapter 33, Part 2; Title 47 and Title 66.

This bill prohibits a real estate developer, business entity, or individual working on behalf of such developer or entity from contacting a property owner more than one time in a calendar year in connection with an unsolicited request to buy the owner's real property. Such limitation would apply to contact made through a telephone call, text message, email, mail, facsimile transmission, or another form of contact. This bill provides that when a real estate developer, business entity, or individual working on behalf of such developer or entity contacts a property owner in connection with an unsolicited request to buy the owner's real property, prior to making the solicitation, the developer, entity, or individual must provide to the property owner: (1) The developer or entity's legal name; (2) The address from which the developer or entity operates; (3) A telephone number at which the developer or entity can be contacted; and (4) An email address at which the developer or entity can be contacted. If a property owner believes a real estate developer or business entity has violated the provisions above, then this bill authorizes the owner to submit a complaint to the consumer affairs division in the office of the attorney general. The bill requires the consumer affairs division to do the following: (1) Begin investigating a complaint within 15 business days from the date the complaint is submitted; and (2) Send a written notice to the owner that the consumer affairs division is investigating the complaint. With regard to violations, this bill gives the attorney general all of the investigative and enforcement authority that the attorney general and reporter has under the Tennessee Consumer Protection Act of 1977. Further, this bill authorizes the attorney general to institute a proceeding involving alleged violations in Davidson County circuit or chancery court or another venue otherwise permitted by law. If a court finds that a real estate developer or business entity violated the provisions above, then this bill requires the court to assess a fine of up to $1,500 per violation. The court may also order reimbursement to this state for the reasonable costs and expenses of investigation and prosecution of actions, including attorneys' fees. For purposes of determining how many violations a real estate developer or business entity has committed, this bill provides that each contact beyond the permitted number is a separate violation. This bill act applies to prohibited conduct occurring on or after July 1, 2023. ON MARCH 20, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 234, AS AMENDED. AMENDMENT #1 makes the following changes to this bill: (1) Applies the provisions of this bill to a natural person, individual, governmental agency, partnership, corporation, trust, estate, incorporated or unincorporated association, and any other legal or commercial entity however organized, including any affiliate, instead of just to a real estate developer, business entity, or individual working on behalf of such developer or entity; (2) Requires the consumer affairs division in the office of the attorney general ("division") to begin reviewing a complaint within 20 business days, instead of 15, from the date the complaint was submitted; (3) Requires the division to send a written notice to the property owner upon completion of the review, describing the findings of the review, including whether the individual who contacted the property owner is a licensed real estate agent, and the actions taken, if any, as a result of the findings; (4) Requires the attorney general to require the person being investigated pursuant to a complaint submitted to the division to disclose any affiliates of the person that have sent an unsolicited request to buy the property owner's real property; (5) Clarifies that, for purposes of determining how many violations a person has committed, each contact beyond the permitted number by a person, including any affiliate of the person, is a separate violation; and (6) Clarifies that the provisions of this bill do not apply to an individual who is licensed as a real estate agent in the state in which the real property about which the individual contacted the property owner is located.