Tennessee Realtor State Practice Exam

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What type of immunity does TREC have in the event a consumer sues the commission?

Criminal immunity
Judicial immunity
Civil liability immunity
Federal immunity

The correct answer is: Civil liability immunity

The correct answer refers to civil liability immunity, which is a legal protection that shields TREC (Tennessee Real Estate Commission) from being sued for actions taken in the course of carrying out its official duties. This immunity is designed to ensure that commission members and the agency can perform their regulatory functions without the fear of personal legal repercussions from decisions made in good faith related to their regulatory responsibilities. This type of immunity encourages effective oversight and enforcement of real estate laws, allowing the commission to protect the interests of the public and maintain the integrity of the real estate profession in Tennessee. It does not protect against criminal acts or willful misconduct, which could still result in individual liability. Additionally, judicial immunity specifically pertains to judges and their decisions in court cases, while federal immunity does not apply here as TREC operates at the state level without the specific protections offered to federal entities.