Connecticut 2019 Regular Session

Connecticut House Bill HB07300 Latest Draft

Bill / Introduced Version Filed 03/05/2019

                                
 
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General Assembly  Raised Bill No. 7300  
January Session, 2019  
LCO No. 5450 
 
 
Referred to Committee on GENERAL LAW  
 
 
Introduced by:  
(GL)  
 
 
 
 
AN ACT CONCERNING TH E LICENSING OF LEASING AGENTS. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 20-311 of the general statutes is repealed and the 1 
following is substituted in lieu thereof (Effective October 1, 2019): 2 
As used in this chapter, unless the context otherwise requires: 3 
(1) "Real estate broker" or "broker" means (A) any person, 4 
partnership, association, limited liability company or corporation 5 
which acts for another person or entity and for a fee, commission or 6 
other valuable consideration, lists for sale, sells, exchanges, buys or 7 
rents, or offers or attempts to negotiate a sale, exchange, purchase or 8 
rental of, an estate or interest in real estate, or a resale of a mobile 9 
manufactured home, as defined in subdivision (1) of section 21-64, or 10 
collects or offers or attempts to collect rent for the use of real estate, 11 
and (B) any person, partnership, association, limited liability company 12 
or corporation employed by or on behalf of the owner or owners of lots 13 
or other parcels of real estate, at a stated salary, upon commission, 14 
upon a salary and commission basis or otherwise to sell such real 15  Raised Bill No.  7300 
 
 
 
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estate, or any parts thereof, in lots or other parcels, and who sells or 16 
exchanges, or offers, attempts or agrees to negotiate the sale or 17 
exchange of, any such lot or parcel of real estate; 18 
(2) "Real estate salesperson" or "salesperson" means a person 19 
affiliated with any real estate broker as an independent contractor or 20 
employed by a real estate broker to list for sale, sell or offer for sale, to 21 
buy or offer to buy or to negotiate the purchase or sale or exchange of 22 
real estate, or to offer for resale, a mobile manufactured home, as 23 
defined in subdivision (1) of section 21-64, or to lease or rent or offer to 24 
lease, rent or place for rent any real estate, or to collect or offer or 25 
attempt to collect rent for the use of real estate for or on behalf of such 26 
real estate broker, or who offers, sells or attempts to sell the real estate 27 
or mobile manufactured homes of a licensed broker, or acting for 28 
another as a designated seller agent or designated buyer agent, lists for 29 
sale, sells, exchanges, buys or rents, or offers or attempts to negotiate a 30 
sale, exchange, purchase or rental of, an estate or interest in real estate, 31 
or a resale of a mobile manufactured home, as defined in subsection (a) 32 
of section 21-64, or collects or offers or attempts to collect rent for the 33 
use of real estate, but does not include employees of any real estate 34 
broker whose principal occupation is clerical work in an office, or 35 
janitors or custodians engaged principally in that occupation; 36 
(3) "Engaging in the real estate business" means acting for another 37 
and for a fee, commission or other valuable consideration in the listing 38 
for sale, selling, exchanging, buying or renting, or offering or 39 
attempting to negotiate a sale, exchange, purchase or rental of, an 40 
estate or interest in real estate or a resale of a mobile manufactured 41 
home, as defined in subdivision (1) of section 21-64, or collecting upon 42 
a loan secured or to be secured by a mortgage or other encumbrance 43 
upon or transfer of real estate; 44 
(4) "Person" means any individual, partnership, association, limited 45 
liability company or corporation; 46 
(5) "Commission" means the Connecticut Real Estate Commission 47  Raised Bill No.  7300 
 
 
 
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appointed under the provisions of section 20-311a; 48 
(6) "Designated agency" means the appointment by a real estate 49 
broker of one or more brokers, leasing agents or salespersons affiliated 50 
with or employed by the real estate broker to solely represent a buyer 51 
or tenant as a designated buyer's agent and appoint another to 52 
represent a seller or landlord as a designated seller's agent in a 53 
transaction; 54 
(7) "Designated buyer agent" means a broker or salesperson 55 
designated by the real estate broker with whom the broker or 56 
salesperson is affiliated or employed to solely represent a named buyer 57 
or tenant client of the real estate broker during the term of a buyer 58 
representation agreement or authorization; 59 
(8) "Designated seller agent" means a leasing agent, broker or 60 
salesperson designated by the real estate broker with whom the 61 
broker, leasing agent or salesperson is affiliated or employed to solely 62 
represent a named seller or landlord client of the real estate broker 63 
during the term of a listing agreement or authorization; [and]  64 
(9) "Commercial real estate transaction" means any transaction 65 
involving the sale, exchange, lease or sublease of real property other 66 
than real property containing any building or structure occupied or 67 
intended to be occupied by no more than four families or a single 68 
building lot to be used for family or household purposes; [.] and  69 
(10) "Leasing agent" means any person, partnership, association, 70 
limited liability company or corporation which acts for another person 71 
or entity and, for a fee, commission or other valuable consideration, 72 
engages in leasing or renting activity or offers or attempts to negotiate 73 
a rental of, or collects or offers or attempts to collect rent for the use of 74 
residential real estate.  75 
Sec. 2. Section 20-311b of the general statutes is repealed and the 76 
following is substituted in lieu thereof (Effective October 1, 2019): 77  Raised Bill No.  7300 
 
 
 
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(a) Within thirty days after the appointment of the members of the 78 
commission, the commission shall meet in the city of Hartford for the 79 
purpose of organizing by selecting such officers other than a 80 
chairperson as the commission may deem necessary and appropriate. 81 
A majority of the members of the commission shall constitute a 82 
quorum for the exercise of the powers or authority conferred upon it. 83 
(b) (1) The commission shall authorize the Department of Consumer 84 
Protection to issue licenses to leasing agents, real estate brokers and 85 
real estate salespersons. 86 
(2) The commission shall administer the provisions of this chapter 87 
as to licensure and issuance, renewal, suspension or revocation of 88 
licenses concerning the real estate business. 89 
(c) The commission shall be provided with the necessary office 90 
space in Hartford by the Commissioner of Administrative Services. 91 
The place of business of the commission and all files, records and 92 
property of the commission shall at all times be and remain at such 93 
office, except that inactive files shall be stored at a location designated 94 
by the commission. 95 
(d) The commission shall hold meetings and hearings in Hartford, 96 
in space provided by the Commissioner of Administrative Services, or 97 
at such places outside of Hartford as shall be determined by the 98 
chairman of the commission. The commission shall meet at least once 99 
in each three-month period and may meet more often at the call of its 100 
chairman. The chairman of the commission shall call a meeting of the 101 
commission whenever requested to do so by a majority of the 102 
members of the commission. 103 
(e) The commission shall vote on all matters requiring a decision 104 
and votes shall be recorded in the commission's minutes.  105 
Sec. 3. Section 20-312 of the general statutes is repealed and the 106 
following is substituted in lieu thereof (Effective October 1, 2019): 107  Raised Bill No.  7300 
 
 
 
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(a) No person shall act as a leasing agent, real estate broker or real 108 
estate salesperson without a license issued by the commission or the 109 
Commissioner of Consumer Protection, unless exempt under this 110 
chapter. The Commissioner of Consumer Protection may enter into 111 
any contract for the purpose of administratively processing the 112 
renewal of licenses on behalf of the commission. 113 
(b) The practice of or the offer to practice real estate brokerage 114 
business in this state by individual licensed real estate brokers or real 115 
estate salespersons as a corporation, limited liability company, 116 
partnership or limited liability partnership, a material part of the 117 
business of which includes real estate brokerage, is permitted, 118 
provided (1) the personnel of such corporation, limited liability 119 
company, partnership or limited liability partnership who engage in 120 
the real estate brokerage business as real estate brokers or real estate 121 
salespersons, and the real estate brokers whose ownership, control, 122 
membership or partnership interest is credited toward the 123 
requirements of subdivision (3) of this subsection, are licensed or 124 
exempt from licensure under this chapter, (2) the corporation, limited 125 
liability company, partnership or limited liability partnership has been 126 
issued a real estate broker license by the commission as provided in 127 
this section and has paid the license or renewal fee required for a real 128 
estate broker's license as set forth in section 20-314, as amended by this 129 
act, and (3) except for a publicly traded corporation (A) with respect to 130 
a corporation other than a nonstock corporation, one or more real 131 
estate brokers own or control fifty-one per cent or more of the total 132 
issued shares of the corporation, (B) with respect to a nonstock 133 
corporation, one or more real estate brokers constitute at least fifty-one 134 
per cent of the members of the nonstock corporation, (C) with respect 135 
to a limited liability company, one or more real estate brokers own or 136 
control at least fifty-one per cent of the interest in the limited liability 137 
company, as defined in section 34-243a, or (D) with respect to a 138 
partnership or limited liability partnership, one or more real estate 139 
brokers' partnership interest, as defined in section 34-301, constitutes at 140 
least fifty-one per cent of the total partnership interest. No such 141  Raised Bill No.  7300 
 
 
 
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corporation, limited liability company, partnership or limited liability 142 
partnership shall be relieved of responsibility for the conduct or acts of 143 
its agents, employees or officers by reason of its compliance with this 144 
section, nor shall any individual practicing real estate brokerage be 145 
relieved of responsibility for real estate services performed by reason 146 
of the individual's employment or relationship with such corporation, 147 
limited liability company, partnership or limited liability partnership. 148 
The Real Estate Commission may refuse to authorize the issuance or 149 
renewal of a license if any facts exist that would entitle the commission 150 
to suspend or revoke an existing license.  151 
(c) A corporation, limited liability company, partnership or limited 152 
liability partnership desiring a real estate broker license shall file with 153 
the commission or the commissioner an application on such forms and 154 
in such manner as prescribed by the Department of Consumer 155 
Protection. Each such corporation, limited liability company, 156 
partnership or limited liability partnership shall file with the 157 
commission a designation of at least one individual licensed or 158 
qualified to be licensed as a real estate broker in this state who shall be 159 
in charge of the real estate brokerage business of such corporation, 160 
limited liability company, partnership or limited liability partnership 161 
in this state. Such corporation, limited liability company, partnership 162 
or limited liability partnership shall notify the commission of any 163 
change in such designation not later than thirty days after such change 164 
becomes effective. 165 
(d) The Real Estate Commission may impose a fine of not more than 166 
one thousand dollars on any corporation, limited liability company, 167 
partnership or limited liability partnership that engages in real estate 168 
business without a license required by this section. Any such 169 
imposition of a fine by the commission shall be a proposed final 170 
decision and submitted to the commissioner in accordance with the 171 
provisions of subsection (b) of section 21a-7.  172 
Sec. 4. Section 20-312a of the general statutes is repealed and the 173 
following is substituted in lieu thereof (Effective October 1, 2019): 174  Raised Bill No.  7300 
 
 
 
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In any action brought by a third party against a real estate 175 
salesperson or leasing agent affiliated with a real estate broker as an 176 
independent contractor, such broker shall be liable to the same extent 177 
as if such affiliate had been employed as a real estate salesperson or 178 
leasing agent by such broker.  179 
Sec. 5. Section 20-312b of the general statutes is repealed and the 180 
following is substituted in lieu thereof (Effective October 1, 2019): 181 
A licensed leasing agent, real estate broker or real estate salesperson 182 
shall not be considered an employee under the provisions of section 183 
31-275 if substantially all of the remuneration for the services 184 
performed by such leasing agent, broker or salesperson, whether paid 185 
in cash or otherwise, is directly related to sales or other output rather 186 
than to the number of hours worked, and such services are performed 187 
by the leasing agent, broker or salesperson pursuant to a written 188 
contract that contains the following provisions: 189 
(1) The leasing agent, broker or salesperson, for purposes of 190 
workers' compensation, is engaged as an independent contractor 191 
associated with the person for whom services are performed; 192 
(2) The leasing agent, broker or salesperson shall be paid a 193 
commission based on his gross sales or leases, if any, without 194 
deduction for taxes, which commission shall be directly related to 195 
sales, leases or other output; 196 
(3) The leasing agent, broker or salesperson shall not receive any 197 
remuneration related to the number of hours worked and shall not be 198 
treated as an employee with respect to such services for purposes of 199 
workers' compensation; 200 
(4) The leasing agent, broker or salesperson shall be permitted to 201 
work any hours he or she chooses; 202 
(5) The leasing agent, broker or salesperson shall be permitted to 203 
work out of his or her own home or the office of the person for whom 204  Raised Bill No.  7300 
 
 
 
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services are performed; 205 
(6) The leasing agent, broker or salesperson shall be free to engage 206 
in outside employment; 207 
(7) The person for whom the services are performed may provide 208 
office facilities and supplies for the use of the leasing agent, broker or 209 
salesperson, but the leasing agent, broker or salesperson shall 210 
otherwise pay his or her own expenses, including, but not limited to, 211 
automobile, travel and entertainment expenses; and 212 
(8) The contract may be terminated by [either party] the leasing 213 
agent, broker or salesperson at any time upon notice given to the other. 214 
Sec. 6. Section 20-314 of the general statutes is repealed and the 215 
following is substituted in lieu thereof (Effective October 1, 2019): 216 
(a) Licenses shall be granted under this chapter only to persons who 217 
bear a good reputation for honesty, truthfulness and fair dealing and 218 
who are competent to transact the business of a leasing agent,  real 219 
estate broker or real estate salesperson in such manner as to safeguard 220 
the interests of the public. 221 
(b) Each application for a license or for a renewal thereof shall be 222 
made in writing, on such forms and in such manner as is prescribed by 223 
the Department of Consumer Protection and accompanied by such 224 
evidence in support of such application as is prescribed by the 225 
commission. The commission may require such information with 226 
regard to an applicant as the commission deems desirable, with due 227 
regard to the paramount interests of the public, as to the honesty, 228 
truthfulness, integrity and competency of the applicant and, where the 229 
applicant is a corporation, association or partnership, as to the honesty, 230 
truthfulness, integrity and competency of the officers of such 231 
corporation or the members of such association or partnership. 232 
(c) In order to determine the competency of any applicant for a 233 
leasing agent's license, real estate broker's license or a real estate 234  Raised Bill No.  7300 
 
 
 
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salesperson's license, the commission or Commissioner of Consumer 235 
Protection shall, on payment of an application fee of one hundred 236 
twenty dollars by an applicant for a leasing agent's license,  real estate 237 
broker's license or an application fee of eighty dollars by an applicant 238 
for a leasing agent's license or real estate salesperson's license, subject 239 
such applicant to personal written examination as to the applicant's 240 
competency to act as a leasing agent, real estate broker or real estate 241 
salesperson, as the case may be. Such examination shall be prepared by 242 
the Department of Consumer Protection or by a national testing 243 
service designated by the Commissioner of Consumer Protection and 244 
shall be administered to applicants by the Department of Consumer 245 
Protection or by such testing service at such times and places as the 246 
commissioner may deem necessary. The commission or Commissioner 247 
of Consumer Protection may waive the uniform portion of the written 248 
examination requirement in the case of an applicant who has taken the 249 
national testing service examination in another state within two years 250 
from the date of application and has received a score deemed 251 
satisfactory by the commission or Commissioner of Consumer 252 
Protection. The Commissioner of Consumer Protection shall adopt 253 
regulations, in accordance with chapter 54, establishing passing scores 254 
for examinations. In addition to such application fee, applicants taking 255 
the examination administered by a national testing service shall be 256 
required to pay directly to such testing service an examination fee 257 
covering the cost of such examination. Each payment of such 258 
application fee shall entitle the applicant to take such examination 259 
within the one-year period from the date of payment. 260 
(d) (1) Each applicant applying for a real estate broker's license on or 261 
after July 1, 2016, shall, before being admitted to such examination, 262 
prove to the satisfaction of the commission or the Commissioner of 263 
Consumer Protection that the applicant (A) (i) has been actively 264 
engaged for at least two years as a licensed real estate salesperson 265 
under the supervision of a licensed real estate broker in this state, (ii) 266 
has successfully completed a course approved by the commission or 267 
commissioner in real estate principles and practices of at least sixty 268  Raised Bill No.  7300 
 
 
 
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classroom hours of study, (iii) has successfully completed a course 269 
approved by the commission or commissioner in real estate legal 270 
compliance consisting of at least fifteen classroom hours of study, (iv) 271 
has successfully completed a course approved by the commission or 272 
commissioner in real estate brokerage principles and practices 273 
consisting of at least fifteen classroom hours, and (v) has successfully 274 
completed two elective courses, each consisting of fifteen classroom 275 
hours of study, as prescribed by the commission or commissioner, or 276 
(B) has equivalent experience or education as determined by the 277 
commission or commissioner. 278 
(2) The commission or the Commissioner of Consumer Protection 279 
shall waive the elective courses under subparagraph (A)(v) of 280 
subdivision (1) of this subsection if the applicant has successfully 281 
completed at least twenty real estate transactions within five years 282 
immediately preceding the date of application. As used in this 283 
subdivision, "real estate transaction" means any transaction in which 284 
real property is legally transferred to another party or in which a lease 285 
agreement is executed between a landlord and a tenant. 286 
(3) Each applicant for a real estate salesperson's license shall, before 287 
being admitted to such examination, prove to the satisfaction of the 288 
commission or the Commissioner of Consumer Protection that the 289 
applicant (A) has successfully completed a course approved by the 290 
commission or commissioner in real estate principles and practices 291 
consisting of at least sixty classroom hours of study, or (B) has 292 
equivalent experience or education as determined by the commission 293 
or commissioner. 294 
(4) Each applicant for a leasing agent license shall, before being 295 
admitted to such examination, prove to the satisfaction of the 296 
commission or the Commissioner of Consumer Protection that the 297 
applicant (A) has successfully completed a course approved by the 298 
commission or commissioner in real estate principles and practices 299 
consisting of at least thirty classroom hours of study, or (B) has 300 
equivalent experience or education as determined by the commission 301  Raised Bill No.  7300 
 
 
 
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or commissioner. 302 
(e) The provisions of subsections (c) and (d) of this section shall not 303 
apply to any renewal of a real estate broker's license, or a real estate 304 
salesperson's license issued prior to October 1, 1973. 305 
(f) All licenses issued under the provisions of this chapter shall 306 
expire annually. At the time of application for a real estate broker's 307 
license, there shall be paid to the commission, for each individual 308 
applicant and for each proposed active member or officer of a firm, 309 
partnership, association or corporation, the sum of five hundred sixty-310 
five dollars, and for the annual renewal thereof, the sum of three 311 
hundred seventy-five dollars and for a real estate salesperson's license 312 
two hundred eighty-five dollars and for the annual renewal thereof the 313 
sum of two hundred eighty-five dollars. Three dollars of each such 314 
annual renewal fee shall be payable to the Real Estate Guaranty Fund 315 
established pursuant to section 20-324a, as amended by this act. If a 316 
license is not issued, the fee shall be returned. A real estate broker's 317 
license issued to any partnership, association or corporation shall 318 
entitle the individual designated in the application, as provided in 319 
section 20-312, as amended by this act, upon compliance with the 320 
terms of this chapter, but without the payment of any further fee, to 321 
perform all of the acts of a real estate broker under this chapter on 322 
behalf of such partnership, association or corporation. Any license 323 
which expires and is not renewed pursuant to this subsection may be 324 
reinstated by the commission, if, not later than two years after the date 325 
of expiration, the former licensee pays to the commission for each real 326 
estate broker's license the sum of three hundred seventy-five dollars 327 
and for each real estate salesperson's license the sum of two hundred 328 
eighty-five dollars for each year or fraction thereof from the date of 329 
expiration of the previous license to the date of payment for 330 
reinstatement, except that any licensee whose license expired after 331 
such licensee entered military service shall be reinstated without 332 
payment of any fee if an application for reinstatement is filed with the 333 
commission within two years after the date of expiration. Any such 334 
reinstated license shall expire on the next succeeding March thirty-first 335  Raised Bill No.  7300 
 
 
 
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for real estate brokers or the next succeeding May thirty-first for real 336 
estate salespersons. 337 
(g) Any person whose application has been filed as provided in this 338 
section and who is refused a license shall be given notice and afforded 339 
an opportunity for hearing as provided in the regulations adopted by 340 
the Commissioner of Consumer Protection.  341 
(h) Leasing agents may engage only in residential leasing activities 342 
for which a license is required under this chapter. Nothing in this 343 
section shall be construed to require a licensed broker or salesperson to 344 
obtain a leasing agent license in order to perform leasing activities. 345 
Licensed leasing agents may not engage in any activity that would 346 
otherwise require a broker or salesperson's license, including, but not 347 
limited to, selling, offering for sale, negotiating for sale, listing or 348 
showing for sale, entering into lease-to-own agreements, or referring 349 
for sale or lease of commercial real estate. Licensed leasing agents shall 350 
be (1) employed by or affiliated with a sponsoring broker, or (2) 351 
employed by the real property owner of record of the property being 352 
offered for lease. If employed by or contracting with a real property 353 
owner to provide leasing services for such owner, the leasing agent 354 
shall obtain a written contract with such property owner to 355 
demonstrate the employment or contract relationship prior to 356 
engaging in leasing activity at the property.  357 
Sec. 7. Section 20-316 of the general statutes is repealed and the 358 
following is substituted in lieu thereof (Effective October 1, 2019): 359 
(a) The commission or Commissioner of Consumer Protection shall 360 
not deny a license under this chapter to any applicant who has been 361 
convicted of forgery, embezzlement, obtaining money under false 362 
pretenses, extortion, criminal conspiracy to defraud or other like 363 
offense or offenses, or to any association or partnership of which such 364 
person is a member, or to any corporation of which such person is an 365 
officer or in which as a stockholder such person has or exercises a 366 
controlling interest either directly or indirectly, except in accordance 367  Raised Bill No.  7300 
 
 
 
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with the provisions of section 46a-80. 368 
(b) No license under this chapter shall be issued by the Department 369 
of Consumer Protection to any applicant (1) whose application for a 370 
license as a real estate broker, leasing agent or real estate salesperson 371 
has, within one year prior to the date of his or her application under 372 
this chapter, been rejected in this state, in any other state or in the 373 
District of Columbia or (2) whose license as a real estate broker, leasing 374 
agent or real estate salesperson has, within one year prior to the date of 375 
his or her application under this chapter, been revoked in this state, in 376 
any other state or in the District of Columbia. 377 
(c) No license as a real estate broker, leasing agent or real estate 378 
salesperson shall be issued under this chapter to any person who has 379 
not attained the age of eighteen years. 380 
(d) The provisions of this section shall apply to any applicant for a 381 
license under this chapter, whether or not such applicant was engaged 382 
in the real estate business in this state on July 1, 1953, and whenever 383 
the applicant's application is filed.  384 
Sec. 8. Section 20-317 of the general statutes is repealed and the 385 
following is substituted in lieu thereof (Effective October 1, 2019): 386 
(a) A person licensed in another state as a real estate broker or 387 
salesperson may become a leasing agent, real estate broker or real 388 
estate salesperson in this state by conforming to all of the provisions of 389 
this chapter. The commission or Commissioner of Consumer 390 
Protection shall recognize a current, valid license issued to a currently 391 
practicing, competent real estate broker or real estate salesperson by 392 
another state as satisfactorily qualifying the broker or salesperson for a 393 
license as a leasing agent, real estate broker or real estate salesperson 394 
under this chapter, provided (1) the laws of the state in which the 395 
broker or salesperson is licensed require that applicants for licenses as 396 
real estate brokers and real estate salespersons establish their 397 
competency by written examinations and allow licenses to be issued to 398 
residents of the state of Connecticut, licensed under this chapter, 399  Raised Bill No.  7300 
 
 
 
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without examination, (2) the licensure requirements of such state are 400 
substantially similar to or higher than those of this state, and (3) the 401 
broker or salesperson has no disciplinary proceeding or unresolved 402 
complaint pending against the broker or salesperson. If the applicant is 403 
licensed in a state that does not have such requirements, such 404 
applicant shall be required to pass the Connecticut portion of the real 405 
estate examination. 406 
(b) Every applicant licensed in another state shall file an irrevocable 407 
consent that suits and actions may be commenced against such 408 
applicant in the proper court in any judicial district of the state in 409 
which a cause of action may arise or in which the plaintiff may reside, 410 
by the service of any process or pleading, authorized by the laws of 411 
this state, on the chairperson of the commission, such consent 412 
stipulating and agreeing that such service of such process or pleading 413 
shall be taken and held in all courts to be as valid and binding as if 414 
service had been made upon such applicant in the state of Connecticut. 415 
If any process or pleadings under this chapter are served upon the 416 
chairperson, it shall be by duplicate copies, one of which shall be filed 417 
in the office of the commission, and the other immediately forwarded 418 
by registered or certified mail, to the applicant against whom such 419 
process or pleadings are directed, at the last-known address of such 420 
applicant as shown by the records of the commission. No default in 421 
any such proceedings or action shall be taken unless it appears by 422 
affidavit of the chairperson of the commission that a copy of the 423 
process or pleading was mailed to the defendant as required by this 424 
subsection, and no judgment by default shall be taken in any such 425 
action or proceeding within twenty days after the date of mailing of 426 
such process or pleading to the out-of-state defendant.  427 
Sec. 9. Section 20-319 of the general statutes is repealed and the 428 
following is substituted in lieu thereof (Effective October 1, 2019): 429 
(a) The commission shall authorize the Department of Consumer 430 
Protection to issue an annual renewal license to any applicant who 431 
possesses the qualifications specified in and otherwise has complied 432  Raised Bill No.  7300 
 
 
 
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with the provisions of this chapter and any regulation adopted under 433 
this chapter. The commission shall authorize said department to issue 434 
an annual renewal of a real estate broker's license to any entity licensed 435 
pursuant to subsection (b) of section 20-312, as amended by this act, 436 
provided such entity: (1) Was so licensed as of September 30, 2005, 437 
notwithstanding the fact such entity does not meet the requirements 438 
for publicly traded corporations required by subdivision (3) of 439 
subsection (b) of section 20-312, as amended by this act, or (2) changes 440 
its designated real estate broker pursuant to subsection (c) of section 441 
20-312, as amended by this act. 442 
(b) There is hereby established an annual renewal license to be 443 
issued by the Department of Consumer Protection. Persons licensed in 444 
accordance with the provisions of this chapter shall fulfill a continuing 445 
education requirement. Applicants for an annual renewal license for 446 
real estate brokers, leasing agents or real estate salespersons shall, in 447 
addition to the other requirements imposed by the provisions of this 448 
chapter, in any even-numbered year, submit proof of compliance with 449 
the continuing education requirements of this subsection to the 450 
commission, accompanied by an eight-dollar processing fee. The 451 
continuing education requirement may be satisfied by successful 452 
completion of any of the following during the two-year period 453 
preceding such renewal: (1) A course or courses, approved by the 454 
commission, of continuing education in current real estate practices 455 
and licensing laws [, including, but not limited to, practices and laws 456 
concerning common interest communities,] consisting of not less than 457 
twelve hours of classroom study, which course curriculum shall be 458 
prescribed in regulations adopted pursuant to subsection (d) of this 459 
section; or (2) a written examination prepared and administered by 460 
either the Department of Consumer Protection, or by a national testing 461 
service approved by the department, which demonstrates a knowledge 462 
of current real estate practices and licensing laws; or (3) equivalent 463 
continuing educational experience or study as determined by 464 
regulations adopted pursuant to subsection (d) of this section. An 465 
applicant for examination under subdivision (2) of this subsection shall 466  Raised Bill No.  7300 
 
 
 
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pay the required examination fee to the national testing service, if 467 
administered by such testing service, or to the Department of 468 
Consumer Protection, if administered by the department. 469 
(c) If the commission refuses to grant an annual renewal license, the 470 
licensee or applicant, upon written notice received as provided for in 471 
this chapter, may have recourse to any of the remedies provided by 472 
sections 20-314, as amended by this act, and 20-322. 473 
(d) The Commissioner of Consumer Protection, in consultation with 474 
the commission, shall adopt regulations, in accordance with chapter 475 
54, concerning the approval of schools, institutions or organizations 476 
offering courses in current real estate practices and licensing laws, 477 
including, but not limited to, practices and laws concerning common 478 
interest communities, and the content of such courses. Such 479 
regulations shall include, but not be limited to: (1) Specifications for 480 
meeting equivalent continuing educational experience or study; (2) 481 
exceptions from continuous education requirements for reasons of 482 
health or instances of individual hardship. No school, institution or 483 
organization that offers a course in current real estate practices and 484 
licensing laws may be disapproved solely because its courses are 485 
offered or taught by electronic means, and no course may be 486 
disapproved solely because it is offered or taught by electronic means. 487 
Sec. 10. Section 20-319a of the general statutes is repealed and the 488 
following is substituted in lieu thereof (Effective October 1, 2019): 489 
(a) Any licensed real estate salesperson or leasing agent who 490 
transfers his or her employment from one broker or property owner to 491 
another or his or her affiliation with a broker or property owner as an 492 
independent contractor shall register such transfer with, and pay a 493 
registration fee of twenty-five dollars to, the commission. 494 
(b) A fee of twenty-five dollars shall be paid to the commission for 495 
the issuance of a license certification.  496 
Sec. 11. Section 20-320 of the general statutes is repealed and the 497  Raised Bill No.  7300 
 
 
 
LCO No. 5450   	17 of 29 
 
following is substituted in lieu thereof (Effective October 1, 2019): 498 
The Department of Consumer Protection may, upon the request of 499 
the commission or upon the verified complaint in writing of any 500 
person, if such complaint, or such complaint together with evidence, 501 
documentary or otherwise, presented in connection with such 502 
complaint, shall make out a prima facie case, investigate the actions of 503 
any leasing agent, real estate broker or real estate salesperson or any 504 
person who assumes to act in any of such capacities within this state. 505 
The commission may temporarily suspend or permanently revoke any 506 
license issued under the provisions of this chapter and, in addition to 507 
or in lieu of such suspension or revocation, may, in its discretion, 508 
impose a fine of not more than two thousand dollars per violation at 509 
any time when, after proceedings as provided in section 20-321, the 510 
commission finds that the licensee has by false or fraudulent 511 
misrepresentation obtained a license or that the licensee is guilty of 512 
any of the following: (1) Making any material misrepresentation; (2) 513 
making any false promise of a character likely to influence, persuade 514 
or induce; (3) acting as an agent for more than one party in a 515 
transaction without the knowledge of all parties for whom the licensee 516 
acts; (4) representing or attempting to represent a real estate broker 517 
other than the licensee's employer or the broker with whom the 518 
licensee is affiliated, without the express knowledge and consent of the 519 
licensee's employer or affiliated broker; (5) failing, within a reasonable 520 
time, to account for or remit any moneys coming into the licensee's 521 
possession which belong to others; (6) entering into an exclusive listing 522 
contract or buyer agency contract which contains a fixed termination 523 
date if such contract also provides for an automatic continuation of the 524 
period of such contract beyond such date; (7) failing to deliver 525 
immediately a copy of any instrument to any party or parties 526 
executing the instrument, where such instrument has been prepared 527 
by the licensee or under the licensee's supervision and where such 528 
instrument relates to the employment of the licensee or to any matters 529 
pertaining to the consummation of a lease, or the purchase, sale or 530 
exchange of real property or any other type of real estate transaction in 531  Raised Bill No.  7300 
 
 
 
LCO No. 5450   	18 of 29 
 
which the licensee may participate as a broker, leasing agent or a 532 
salesperson; (8) conviction in a court of competent jurisdiction of 533 
forgery, embezzlement, obtaining money under false pretenses, 534 
larceny, extortion, conspiracy to defraud, or other like offense or 535 
offenses, provided suspension or revocation under this subdivision 536 
shall be subject to the provisions of section 46a-80; (9) collecting 537 
compensation in advance of services to be performed and failing, upon 538 
demand of the person paying the compensation or the commission, to 539 
render an accounting of the use of such money; (10) commingling 540 
funds of others with the licensee's own, or failing to keep funds of 541 
others in an escrow or trustee account; (11) any act or conduct which 542 
constitutes dishonest, fraudulent or improper dealings; (12) failing to 543 
provide the disclosures required by section 20-325c; (13) a violation of 544 
any provision of this chapter or any regulation adopted under this 545 
chapter. Any such suspension or revocation of a license or imposition 546 
of a fine by the commission shall be a proposed final decision and 547 
submitted to the commissioner in accordance with the provisions of 548 
subsection (b) of section 21a-7. Any fine collected pursuant to this 549 
section shall be deposited in the Real Estate Guaranty Fund established 550 
pursuant to section 20-324a, as amended by this act.  551 
Sec. 12. Section 20-320a of the general statutes is repealed and the 552 
following is substituted in lieu thereof (Effective October 1, 2019): 553 
(a) No real estate broker, leasing agent or real estate salesperson, no 554 
person affiliated with such broker or salesperson, and no person 555 
engaging in the real estate business may receive a fee, commission or 556 
other form of referral fee for the referral of any buyer of real property 557 
to (1) an attorney-at-law admitted to practice in this state or any person 558 
affiliated with such attorney or (2) any mortgage broker, any lender, as 559 
defined in subdivision (5) of section 49-31d, or any person affiliated 560 
with such mortgage broker or lender. 561 
(b) The Department of Consumer Protection may, upon the request 562 
of the commission or upon the verified complaint in writing of any 563 
person, if such complaint, or such complaint together with evidence, 564  Raised Bill No.  7300 
 
 
 
LCO No. 5450   	19 of 29 
 
documentary or otherwise, presented in connection with such 565 
complaint, shall make out a prima facie case, investigate the actions of 566 
any real estate broker or real estate salesperson or any person who 567 
assumes to act in any of such capacities within this state. The 568 
commission may temporarily suspend or permanently revoke any 569 
license issued under the provisions of this chapter, and, in addition to 570 
or in lieu of such suspension or revocation, may, in its discretion, 571 
impose a fine of not more than one thousand dollars for the first 572 
offense at any time when, after proceedings as provided in section 20-573 
321, the commission finds that the licensee is guilty of violating any of 574 
the provisions of subsection (a) of this section. Any such suspension or 575 
revocation of a license or imposition of a fine by the commission shall 576 
be a proposed final decision and submitted to the commissioner in 577 
accordance with the provisions of subsection (b) of section 21a-7.  578 
Sec. 13. Section 20-320b of the general statutes is repealed and the 579 
following is substituted in lieu thereof (Effective October 1, 2019): 580 
(a) A real estate broker, leasing agent or real estate salesperson 581 
licensed under this chapter shall not influence residential real estate 582 
appraisals. For the purposes of this section, "influence residential real 583 
estate appraisals" includes, but is not limited to, refusal or intentional 584 
failure to refer a homebuyer, or encouraging other real estate brokers, 585 
leasing agents or real estate salespersons not to refer a homebuyer, to a 586 
mortgage broker, as defined in section 36a-760, or a lender, as defined 587 
in section 36a-760, based solely on the fact that the mortgage broker or 588 
lender uses an appraiser who has provided an appraisal reflecting a 589 
fair market value estimate that was less than the sale contract price. 590 
(b) Violations of subsection (a) of this section shall be subject to the 591 
actions and penalties set forth in section 20-320, as amended by this 592 
act.  593 
Sec. 14. Section 20-323 of the general statutes is repealed and the 594 
following is substituted in lieu thereof (Effective October 1, 2019): 595 
Any licensee under this chapter who is convicted of a violation of 596  Raised Bill No.  7300 
 
 
 
LCO No. 5450   	20 of 29 
 
any of the offenses enumerated in subdivision (8) of section 20-320, 597 
[shall] as amended by this act, may incur a forfeiture of his license and 598 
all moneys that may have been paid for such license. The clerk of any 599 
court in which such conviction has been rendered shall forward to the 600 
commission without charge a certified copy of such conviction. The 601 
[commission, upon the receipt of a copy of the judgment of conviction, 602 
shall, not later than ten days after such receipt, notify the licensee, in 603 
writing, of the revocation of his license. Such notice shall be conclusive 604 
of the revocation of such license] commissioner may revoke such 605 
licensee's license after proceedings as provided in section 20-321. 606 
Application for reinstatement of such license shall be subject to the 607 
provisions of section 46a-80.  608 
Sec. 15. Section 20-324a of the general statutes is repealed and the 609 
following is substituted in lieu thereof (Effective October 1, 2019): 610 
The commission shall establish and maintain a Real Estate Guaranty 611 
Fund from which, subject to the provisions of sections 20-324a to 20-612 
324j, inclusive, any person aggrieved by any action of a leasing agent, 613 
real estate broker or real estate salesperson, duly licensed in this state 614 
under section 20-312, as amended by this act, by reason of the 615 
embezzlement of money or property, or money or property unlawfully 616 
obtained from any person by false pretenses, artifice or forgery or by 617 
reason of any fraud, misrepresentation or deceit by or on the part of 618 
any such leasing agent, real estate broker or real estate salesperson or 619 
the unlicensed employee of any such real estate broker, may recover, 620 
upon approval by the commission of an application brought pursuant 621 
to the provisions of section 20-324e, as amended by this act, 622 
compensation in an amount not exceeding in the aggregate the sum of 623 
twenty-five thousand dollars in connection with any one real estate 624 
transaction or claim, regardless of the number of persons aggrieved or 625 
parcels of real estate involved in such real estate transaction or claim. 626 
Sec. 16. Section 20-324b of the general statutes is repealed and the 627 
following is substituted in lieu thereof (Effective October 1, 2019): 628  Raised Bill No.  7300 
 
 
 
LCO No. 5450   	21 of 29 
 
Any person who receives a leasing agent, real estate broker's or real 629 
estate salesperson's license under this chapter for the first time shall 630 
pay an additional one-time fee of twenty dollars in addition to all other 631 
fees payable, which additional fee shall be credited to the Real Estate 632 
Guaranty Fund. The Real Estate Guaranty Fund shall also be credited 633 
as provided in sections 20-314, as amended by this act, and 20-320, as 634 
amended by this act.  635 
Sec. 17. Section 20-324e of the general statutes is repealed and the 636 
following is substituted in lieu thereof (Effective October 1, 2019): 637 
(a) When any aggrieved person commences any action for a 638 
judgment which may result in collection from the Real Estate Guaranty 639 
Fund, the aggrieved person shall notify the commission in writing to 640 
this effect at the time of the commencement of such action. Such 641 
written notice shall toll the time for making application to the 642 
commission pursuant to section 20-324d. The commission shall have 643 
the right to enter an appearance, intervene in or defend any such 644 
action and may waive the required written notice for good cause 645 
shown. 646 
(b) When any aggrieved person recovers a valid judgment in the 647 
Superior Court against any real estate broker, leasing agent or real 648 
estate salesperson or the unlicensed employee of any such real estate 649 
broker for loss or damages sustained by reason of the embezzlement of 650 
money or property, or money or property unlawfully obtained from 651 
any person by false pretenses, artifice or forgery or by reason of any 652 
fraud, misrepresentation or deceit by or on the part of such real estate 653 
broker, leasing agent or salesperson or the unlicensed employee of any 654 
such real estate broker, such aggrieved person may upon the final 655 
determination of, or expiration of time for appeal in connection with, 656 
any judgment, apply to the commission for an order directing payment 657 
out of the Real Estate Guaranty Fund of the amount unpaid upon the 658 
judgment, subject to the limitations stated in section 20-324, as 659 
amended by this act, and the limitations specified in this section.  660  Raised Bill No.  7300 
 
 
 
LCO No. 5450   	22 of 29 
 
(c) The commission shall proceed upon such application in a 661 
summary manner, and, upon the hearing thereof, the aggrieved person 662 
shall be required to show: (1) He or she is not a spouse of the debtor or 663 
the personal representative of such spouse; (2) he or she has complied 664 
with all the requirements of this section; (3) he or she has obtained a 665 
judgment as provided in subsection (b) of this section, stating the 666 
amount thereof and the amount owing thereon at the date of the 667 
application; (4) he or she  has caused to be issued a writ of execution 668 
upon the judgment and the officer executing the same has made a 669 
return showing that no personal or real property of the judgment 670 
debtor liable to be levied upon in satisfaction of the judgment could be 671 
found, or that the amount realized on the sale of them or of such of 672 
them as were found, under the execution, was insufficient to satisfy the 673 
judgment, stating the amount so realized and the balance remaining 674 
due on the judgment after application thereon of the amount realized; 675 
(5) he or she has made all reasonable searches and inquiries to 676 
ascertain whether the judgment debtor possesses real or personal 677 
property or other assets, liable to be sold or applied in satisfaction of 678 
the judgment; (6) that by such search he or she  has discovered no 679 
personal or real property or other assets liable to be sold or applied, or 680 
that he has discovered certain of them, describing them, owned by the 681 
judgment debtor and liable to be so applied, and that he or she  has 682 
taken all necessary action and proceedings for the realization thereof, 683 
and that the amount thereby realized was insufficient to satisfy the 684 
judgment, stating the amount so realized and the balance remaining 685 
due on the judgment after application of the amount realized. 686 
(d) Whenever the aggrieved person satisfies the commission that it 687 
is not practicable to comply with one or more of the requirements 688 
enumerated in subdivisions (4), (5) and (6) of subsection (c) of this 689 
section and that the aggrieved person has taken all reasonable steps to 690 
collect the amount of the judgment or the unsatisfied part thereof and 691 
has been unable to collect the same, the commission may in its 692 
discretion waive such requirements. 693 
(e) The commission shall order payment from the Real Estate 694  Raised Bill No.  7300 
 
 
 
LCO No. 5450   	23 of 29 
 
Guaranty Fund of any sum it shall find to be payable upon the claim, 695 
pursuant to the provisions of and in accordance with the limitations 696 
contained in this section and section 20-324a, as amended by this act, if 697 
the commission is satisfied, upon the hearing, of the truth of all matters 698 
required to be shown by the aggrieved person by subsection (c) of this 699 
section and that the aggrieved person has fully pursued and exhausted 700 
all remedies available to him or her for recovering the amount 701 
awarded by the judgment of the court. 702 
(f) If the commission pays from the Real Estate Guaranty Fund any 703 
amount in settlement of a claim or toward satisfaction of a judgment 704 
against a licensed real estate broker, leasing agent or real estate 705 
salesperson pursuant to an order under subsection (e) of this section, 706 
such broker, leasing agent or salesperson shall not be eligible to receive 707 
a new license until he or she has repaid in full, plus interest at a rate to 708 
be determined by the commission and which shall reflect current 709 
market rates, the amount paid from the fund on his or her account. A 710 
discharge in bankruptcy shall not relieve a person from the penalties 711 
and disabilities provided in this subsection. 712 
(g) If, at any time, the money deposited in the Real Estate Guaranty 713 
Fund is insufficient to satisfy any duly authorized claim or portion 714 
thereof, the commission shall, when sufficient money has been 715 
deposited in the fund, satisfy such unpaid claims or portions thereof, 716 
in the order that such claims or portions thereof were originally filed, 717 
plus accumulated interest at the rate of four per cent a year.  718 
Sec. 18. Section 20-325 of the general statutes is repealed and the 719 
following is substituted in lieu thereof (Effective October 1, 2019): 720 
Any person who engages in the business of a leasing agent, real 721 
estate broker or real estate salesperson without obtaining a license as 722 
provided in this chapter shall be fined not more than one thousand 723 
dollars or imprisoned not more than six months or both, and shall be 724 
ineligible to obtain a license for one year from the date of conviction of 725 
such offense, except that the commission or Commissioner of 726  Raised Bill No.  7300 
 
 
 
LCO No. 5450   	24 of 29 
 
Consumer Protection may grant a license to such person within such 727 
one-year period upon application and after a hearing on such 728 
application.  729 
Sec. 19. Section 20-325b of the general statutes is repealed and the 730 
following is substituted in lieu thereof (Effective October 1, 2019): 731 
(a) Each written agreement which fixes the compensation to be paid 732 
to a real estate broker for the sale, lease or purchase of real property 733 
shall contain the following statement in not less than ten point 734 
boldface type or in a manner which otherwise stands out significantly 735 
from the text immediately preceding any provision of such agreement 736 
relating to compensation of the broker: 737 
"NOTICE: THE AMOUNT OR RATE OF REAL ESTATE BROKER 738 
COMPENSATION IS NOT FIXED BY LAW. IT IS SET BY EACH 739 
BROKER INDIVIDUALLY AND MAY BE NEGOTIABLE BETWEEN 740 
YOU AND THE BROKER."  741 
(b) Each written agreement which fixes the compensation to be paid 742 
to a leasing agent for the lease of real property shall contain the 743 
following statement in not less than ten point boldface type or in a 744 
manner which otherwise stands out significantly from the text 745 
immediately preceding any provision of such agreement relating to 746 
compensation of the leasing agent: 747 
"NOTICE: THE AMOUNT OR RATE OF LEASING AGENT 748 
COMPENSATION IS NOT FIXED BY LAW. IT IS SET BY EACH 749 
LEASING AGENT INDIVIDUALLY AND MAY BE NEGOTIABLE 750 
BETWEEN YOU AND THE LEASING AGENT. " 751 
Sec. 20. Section 20-325d of the general statutes is repealed and the 752 
following is substituted in lieu thereof (Effective October 1, 2019): 753 
On and after January 1, 2018, a real estate broker, leasing agent or 754 
real estate salesperson licensed under this chapter who represents a 755 
seller, lessor, prospective purchaser or lessee in a real estate transaction 756  Raised Bill No.  7300 
 
 
 
LCO No. 5450   	25 of 29 
 
shall disclose, in writing, the identity of his or her client to any party to 757 
the transaction who is not represented by another real estate broker, 758 
leasing agent or real estate salesperson licensed under this chapter. The 759 
real estate broker, leasing agent or real estate salesperson shall make 760 
the disclosure required under this section: (1) If the transaction 761 
concerns residential real property, as defined in section 20-325c, (A) at 762 
the beginning of the first personal meeting concerning the prospective 763 
purchaser's or lessee's specific needs in the transaction, or (B) at the 764 
beginning of the first personal meeting with the seller or lessor 765 
concerning the seller's or lessor's real property; or (2) if the transaction 766 
is a commercial real estate transaction, as defined in section 20-311, as 767 
amended by this act, before the prospective purchaser or lessee signs 768 
the purchase contract or lease. Such disclosure shall be signed by a 769 
prospective purchaser or lessee and attached to any offer or agreement 770 
to purchase or lease signed by a prospective purchaser or lessee. The 771 
Commissioner of Consumer Protection shall adopt such regulations, in 772 
accordance with chapter 54, as the commissioner deems necessary to 773 
carry out the provisions of this section.  774 
Sec. 21. Section 20-325h of the general statutes is repealed and the 775 
following is substituted in lieu thereof (Effective October 1, 2019): 776 
(a) No real estate licensee shall: (1) Reveal confidential information 777 
concerning a person whom the real estate licensee represented either 778 
as an agent, designated buyer agent or a designated seller agent; (2) 779 
use confidential information concerning that person to the person's 780 
disadvantage; or (3) use confidential information concerning that 781 
person for the real estate broker's, leasing agent's or real estate 782 
salesperson's advantage or the advantage of a third party, except as 783 
required by legal process, as necessary to defend the real estate broker, 784 
leasing agent or real estate salesperson from allegations of wrongful or 785 
negligent conduct, or as necessary to prevent the commission of a 786 
crime. 787 
(b) As used in this section, "confidential information" means facts 788 
concerning a person's assets, liabilities, income, expenses, motivations 789  Raised Bill No.  7300 
 
 
 
LCO No. 5450   	26 of 29 
 
to purchase, rent or sell real property and previous offers received or 790 
made to purchase or lease real property which are not authorized by 791 
the client, a matter of general knowledge, part of a public record or file 792 
to which access is authorized pursuant to section 1-210 or otherwise 793 
subject to disclosure under any other provision of the general statutes 794 
or any regulation of Connecticut state agencies.  795 
Sec. 22. Section 20-325m of the general statutes is repealed and the 796 
following is substituted in lieu thereof (Effective October 1, 2019): 797 
Any real estate broker licensed under the provisions of this chapter 798 
who engages in the real estate business, as defined in section 20-311, as 799 
amended by this act, shall retain the following records for a period of 800 
not less than seven years after any real estate transaction closes, all 801 
funds held in escrow for such transaction are disbursed or the listing 802 
agreement or buyer or tenant representation agreement expires, 803 
whichever occurs later: (1) All purchase contracts, leases, options, 804 
written offers or counteroffers drafted by such broker or on behalf of 805 
such broker; (2) the listing agreement or buyer or tenant representation 806 
agreement, any extensions of or amendments to such agreements and 807 
any disclosures or agreements required pursuant to sections 20-325a to 808 
20-325l, inclusive; and (3) all canceled checks, unused checks, 809 
checkbooks and bank statements for any escrow or trust account 810 
maintained pursuant to section 20-324k. Such records may be retained 811 
in any format, electronic or otherwise, capable of producing an 812 
accurate copy in paper format of the original document. Leasing 813 
agents shall retain copies of any property owner representation or 814 
employment agreements and all tenant representation agreements for 815 
a period of seven years.   816 
Sec. 23. Section 20-328 of the general statutes is repealed and the 817 
following is substituted in lieu thereof (Effective October 1, 2019): 818 
The Commissioner of Consumer Protection, with advice and 819 
assistance from the commission, may adopt regulations, in accordance 820 
with chapter 54, relating to the form and manner of filing applications 821  Raised Bill No.  7300 
 
 
 
LCO No. 5450   	27 of 29 
 
for licenses under this chapter and the manner in which licensed real 822 
estate brokers and licensed leasing agents, real estate salespersons 823 
shall conduct the real estate business.  824 
Sec. 24. Section 20-329 of the general statutes is repealed and the 825 
following is substituted in lieu thereof (Effective October 1, 2019): 826 
The provisions of this chapter concerning the licensure of real estate 827 
brokers, leasing agents and real estate salespersons shall not apply to: 828 
(1) Any person who as owner or lessor performs any of the acts 829 
enumerated in section 20-311, as amended by this act, with reference to 830 
property owned, leased or sought to be acquired or leased by the 831 
person, or to the person's regular employees who are employed as on-832 
site residential superintendents or custodians, with respect to the 833 
property so owned or leased or sought to be acquired or leased when 834 
such acts are performed in the regular course of, or incident to, the 835 
management of such property and the investment therein; (2) any 836 
person acting as attorney-in-fact under a duly executed power of 837 
attorney from the owner authorizing the final consummation by 838 
performance of any contract for the sale, leasing or exchange of real 839 
estate, or to service rendered by any attorney-at-law in the 840 
performance of the attorney-at-law's duties as such attorney-at-law; (3) 841 
a receiver, trustee in bankruptcy, administrator, executor or other 842 
fiduciary, while acting as such, or any person selling real estate under 843 
order of any court, or to a trustee acting under a trust agreement, deed 844 
of trust or will, or the regular salaried employees thereof; (4) witnesses 845 
in court as to the values of real estate; (5) persons in the employ of the 846 
federal or state government or any political subdivision thereof while 847 
acting in the course of such employment; (6) any employee of any 848 
nonprofit housing corporation that (A) has been certified as a tax-849 
exempt organization under Section 501(c)(3) of the Internal Revenue 850 
Code of 1986, or any subsequent corresponding internal revenue code 851 
of the United States, as from time to time amended, and manages a 852 
housing project, or (B) manages a housing project assisted in whole or 853 
in part by the federal government pursuant to Section 8 of The United 854 
States Housing Act of 1937, as amended from time to time, while such 855  Raised Bill No.  7300 
 
 
 
LCO No. 5450   	28 of 29 
 
employee is performing duties in the regular course of, or incidental 856 
to, the management of such housing project; (7) any person licensed to 857 
maintain or operate a mobile manufactured home park under chapter 858 
412 who performs any of the acts enumerated in section 20-311, as 859 
amended by this act, with reference to lots or mobile manufactured 860 
homes within the park or to the person's employees with respect to lots 861 
or mobile manufactured homes within such park when such acts are 862 
performed in the regular course of, or incidental to, the management of 863 
such property and the investment therein; (8) persons licensed as 864 
sellers of mobile manufactured homes under section 21-67; or (9) any 865 
person or such person's regular employee who, as owner, lessor, 866 
licensor, manager, representative or agent manages, leases, or licenses 867 
space on or in a tower, building or other structure for (A) "personal 868 
wireless services facilities" or facilities for "private mobile service" as 869 
those terms are defined in 47 USC 332, which facilities shall be 870 
unattended, and the installation and maintenance of related devices 871 
authorized by the Federal Communications Commission, and ancillary 872 
equipment used to operate such devices and equipment shelters 873 
therefor, in an area not to exceed three hundred sixty square feet for 874 
any one service established by the Federal Communications 875 
Commission in 47 CFR, as amended from time to time, by a provider 876 
of any such service, and (B) any right appropriate to access such 877 
facilities and connect or use utilities in connection with such facilities. 878 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 October 1, 2019 20-311 
Sec. 2 October 1, 2019 20-311b 
Sec. 3 October 1, 2019 20-312 
Sec. 4 October 1, 2019 20-312a 
Sec. 5 October 1, 2019 20-312b 
Sec. 6 October 1, 2019 20-314 
Sec. 7 October 1, 2019 20-316 
Sec. 8 October 1, 2019 20-317 
Sec. 9 October 1, 2019 20-319 
Sec. 10 October 1, 2019 20-319a  Raised Bill No.  7300 
 
 
 
LCO No. 5450   	29 of 29 
 
Sec. 11 October 1, 2019 20-320 
Sec. 12 October 1, 2019 20-320a 
Sec. 13 October 1, 2019 20-320b 
Sec. 14 October 1, 2019 20-323 
Sec. 15 October 1, 2019 20-324a 
Sec. 16 October 1, 2019 20-324b 
Sec. 17 October 1, 2019 20-324e 
Sec. 18 October 1, 2019 20-325 
Sec. 19 October 1, 2019 20-325b 
Sec. 20 October 1, 2019 20-325d 
Sec. 21 October 1, 2019 20-325h 
Sec. 22 October 1, 2019 20-325m 
Sec. 23 October 1, 2019 20-328 
Sec. 24 October 1, 2019 20-329 
 
Statement of Purpose:   
To create a new license for leasing agents. 
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, 
except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is 
not underlined.]