Connecticut 2023 2023 Regular Session

Connecticut House Bill HB06769 Comm Sub / Analysis

Filed 03/27/2023

                     
Researcher: JSB 	Page 1 	3/27/23 
 
 
 
 
OLR Bill Analysis 
sHB 6769  
 
AN ACT CONCERNING THE DEPARTMENT OF CONSUMER 
PROTECTION'S RECOMMENDATIONS REGARDING REAL 
ESTATE LICENSING AND ENFORCEMENT.  
 
TABLE OF CONTENTS: 
SUMMARY 
§ 2 & 16 — SUPERVISING BROKERS’ RELATIONSHIP WITH 
ASSOCIATE BROKERS 
Clarifies that an associate broker may work for another broker (“supervising licensee”) in 
a capacity that is similar to a real estate salesperson, which is consistent with current 
practice 
§§ 3-4, 12 & 17 — REAL ESTATE EDUCATION PROGRAMS 
Generally replaces regulatory requirements on prelicensing and continuing education 
courses with similar statutory ones 
§ 5 — ACKNOWLEDGEMEN T OF INTERPRETER SERVICES 
Requires parties to a real estate transaction or negotiation to sign a form that specifically 
acknowledges that a language interpreter’s services were used 
§ 6 — WRAPPING UP OR TRANSITIONING BROKERAGE BUSINESS 
Establishes a process for a brokerage business to wrap up or transition under the oversight 
of a custodial broker in the event of a broker’s death or incapacitation 
§§ 7, 9-11, 14-24, 33 & 38 — CREATION OF REAL ESTATE LEASING 
AGENT CREDENTIAL 
Creates a new leasing agent license and outlines residential real estate activities a leasing 
agent is permitted to engage in and under whose affiliation 
§§ 11 & 15 — RENEWALS, REINSTATEMENT, AND APPEALS 
Makes licenses biennial and adjusts fees accordingly; imposes fines for failure to complete 
continuing education requirements on time; modifies the deadlines and process for seeking 
reinstatement; clarifies the appeals process for license denials 
§ 29 — DISCLOSURES TO OTHER PARTY AND PROSPECTIVE 
PARTIES 
Simplifies requirements for licensees’ disclosure of their clients’ identity; requires 
additional disclosures to prospective parties (e.g., concerning agency relationship and fair 
housing) 
§ 31 — PROSPECTIVE PARTIES’ CONFIDENTIAL INFORMATION  2023HB-06769-R000230-BA.DOCX 
 
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Expands existing law by prohibiting real estate licensees from misusing confidential 
information to include information on prospective parties 
BACKGROUND 
 
 
SUMMARY 
This bill makes various changes to the laws governing real estate 
business, including the laws on credentialing and the Department of 
Consumer Protection (DCP) commissioner’s authority and oversight. 
With regard to real estate credentials, the bill (1) creates a new 
credential for residential leasing agents and deems these licensees, along 
with brokers and salespeople, “real estate licensees”; (2) clarifies that an 
associate broker may work for another broker in a capacity that is 
similar to that of a real estate salesperson; and (3) codifies a registration 
process for schools offering prelicensure and continuing education 
courses. For DCP-issued real estate licenses, the bill makes them 
biennial, rather than annual, licenses and allows for license 
reinstatement within three, rather than two, years of expiration. It adds 
provisions applicable to all licensees on their duty to disclose or keep 
confidential certain information. It also creates a process for 
transitioning or wrapping up a brokerage business in the event of a 
broker’s death or incapacity. 
The bill also makes many minor and technical changes to the real 
estate licensing laws (i.e., chapter 392) to clarify existing requirements 
for real estate licensees or conform to current practice.  Among other 
minor changes, the bill: 
1. updates the definition of “advertising” used in the laws on real 
estate (i.e., chapter 392) to reflect the trend away from print 
advertising to online and electronic advertising (§§ 1, 32 & 40);  
2. clarifies that when the real estate licensing laws refer to a “one-
to-four-family” property the reference includes (a) a cooperative 
or condominium with up to four units and (b) an individual unit 
in a multiunit development (§§ 1 & 35-36);  2023HB-06769-R000230-BA.DOCX 
 
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3. specifically permits a real estate team to transfer the team’s 
registration from one supervising licensee (broker) to another 
without applying for a new team registration (§ 9); 
4. requires, when a team transfers to a new supervising licensee, the 
new supervising licensee to electronically update the team’s 
registration information with DCP within 14 days (§ 16); 
5. eliminates a requirement in the real estate license reciprocity law 
granting reciprocity to out-of-state credentialed applicants only 
if the other state grants reciprocity to Connecticut licensees (§ 14); 
6. eliminates a provision requiring applicants for a reciprocal 
license to consent to receiving service of process through the 
Connecticut Real Estate Commission (§ 14); 
7. allows a Connecticut-licensed broker, salesperson, or leasing 
agent to compensate an out-of-state broker or salesperson (but 
not an out-of-state leasing agent) for referring a prospective party 
to a real estate transaction in Connecticut (§§ 27 & 32); 
8. prohibits brokers from making unilateral offers of subagency or 
otherwise affiliating with a subagent, consistent with the current 
practice (§ 30); 
9. unless it is commercially impractical, requires brokers to keep 
documents (e.g., purchase contracts, leases, options) in an 
electronic format, rather than allowing them to use any format to 
comply with the law’s records retention requirements (§ 33); 
10. requires the provision of a one-page disclosure on housing 
discrimination and federal and state fair housing laws at the 
closing for any residential property, not just closings for 
properties with at least two units (§ 37); 
11. clarifies the law stipulating who is exempt from real estate 
licensing laws, including specifying a broker’s clerical staff is 
exempt (§ 39); and  2023HB-06769-R000230-BA.DOCX 
 
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12. repeals an obsolete conflict of interest provision (§ 44). 
Regarding enforcement powers, the bill clarifies that DCP has broad 
authority to investigate real estate licensees and others engaged in the 
real estate business and allows DCP or the Real Estate Commission to 
impose fines of up to $5,000 per violation. Under current law, the cap is 
$2,000, except first violations of the law on illegal referral fees is 
currently capped at $1,000 (§§ 17 & 18). The bill similarly raises the cap, 
from $1,000 to $5,000 on fines imposed by the Real Estate Commission 
on people engaging in real estate business without the required license 
(§ 9). By law, failure to get a required real estate license may result in up 
to six months imprisonment. The bill extends this consequence to people 
engaged in leasing activities without the required leasing agent license 
the bill establishes (§ 26). And lastly, the bill sets fines for licensees who 
fail to complete required continuing education coursework on time (§ 
15). 
EFFECTIVE DATE: April 1, 2024 
§ 2 & 16 — SUPERVISING BROKERS’ RELATION SHIP WITH 
ASSOCIATE BROKERS 
Clarifies that an associate broker may work for another broker (“supervising licensee”) in 
a capacity that is similar to a real estate salesperson, which is consistent with current 
practice  
The bill clarifies the relationship between supervising brokers 
(formerly called “sponsoring brokers”) and associate brokers. The bill 
prohibits associate brokers from practicing real estate unless the 
supervising licensee responsible for controlling and supervising the 
associate broker knows that the latter is engaging in real estate business 
and has consented to it. 
Under the bill, a “supervising licensee” is the real estate broker who 
is responsible for controlling and supervising another real estate 
licensee (broker, salesperson, or leasing agent) or a team of them (i.e., a 
group that advertises using a team name and is affiliated with a single 
supervising licensee). An “associate broker” is a broker affiliated with a 
supervising licensee in an employee or independent contractor capacity 
with authority to engage in real estate business on the supervising  2023HB-06769-R000230-BA.DOCX 
 
Researcher: JSB 	Page 5 	3/27/23 
 
licensee’s behalf. The bill requires supervising licensees to bear 
responsibility for associate brokers’ actions in the same way they would 
for affiliated salespeople.   
When an associate broker’s affiliation ends, he or she must notify 
DCP by the earlier of 14 days after the (1) termination or (2) start of an 
affiliation with another supervising licensee. As is the case for 
salespeople under existing law, the bill requires associate brokers who 
transfer their affiliation to a different broker to register the transfer with 
DCP, at a cost of $25. 
The bill specifies that associate brokers must comply with the same 
advertising standards required of other real estate brokers and 
specifically requires them to include the name of the supervising 
licensee in a prominent location in all their advertisements. 
§§ 3-4, 12 & 17 — REAL ESTATE EDUCATION PROGRAMS  
Generally replaces regulatory requirements on prelicensing and continuing education 
courses with similar statutory ones 
The bill creates a statutory scheme setting requirements for schools 
that offer real estate prelicensing or continuing education courses, 
which are generally similar to current regulatory requirements related 
to (1) DCP-registration, (2) course offering approvals, and (3) instructor 
qualifications.  
It correspondingly eliminates a requirement that the DCP 
commissioner adopt regulations on approval of continuing education 
schools, but continues to allow the commissioner, in consultation with 
the Real Estate Commission, to adopt regulations on prelicensing or 
continuing education school approval, advertising, and course 
offerings. 
DCP Registration 
The bill requires all schools that offer prelicensing or continuing 
education courses to register with the department biennially, in a form 
and manner prescribed by the DCP commissioner. The registration fee 
is $100 biennially. The form must include an attestation that (1) all 
courses it offers comply with the applicable requirements (including  2023HB-06769-R000230-BA.DOCX 
 
Researcher: JSB 	Page 6 	3/27/23 
 
being individually registered, as the bill requires) and (2) the instructors 
teaching courses at the school meet the bill’s prescribed qualifications.   
The bill prohibits DCP from disapproving schools or courses just 
because courses are taught by electronic means.   
The bill subjects real estate school registrants to DCP or the Real 
Estate Commission’s authority under existing law to investigate 
registrants, temporarily suspend or permanently revoke a registration, 
and fine violators of real estate credentialing laws up to $5,000 per 
violation. 
Instructors  
Under the bill, an instructor must have: 
1. at least five years of experience as a practicing real estate licensee; 
2. expertise, or a professional designation from an institute or 
society in the field in which the instructor teaches; or 
3. (a) experience teaching a course in a formal education program 
or (b) attended an accredited college or university extension 
instructors’ seminar. 
If teaching a collegiate level course that is part of a degree program, 
the instructor must have (1) teaching experience and a master’s degree 
in an appropriate field or (2) another combination of qualifications that 
the Real Estate Commission approves. 
Course Registration 
Under the bill, each prelicensing or continuing education course a 
school offers must be registered with DCP. Only registered and 
approved courses count toward licensing or continuing education 
requirements. The cost to register each course is $50 and registrations 
are valid for five years. The school must submit to DCP an application, 
in a format the department specifies, that includes:  
1. an outline of the course content detailing its duration and the 
amount of time spent on each subject covered;  2023HB-06769-R000230-BA.DOCX 
 
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2. the course instructor’s name and contact information; 
3. a copy of the certificate that will be issued to students upon 
completion or, if the school offers more than one course, the DCP-
approved template course completion certificate; 
4. the cancellation and refund policy; 
5. an attestation that the course meets all legal requirements; and 
6. if the course is provided in-person, the location. 
For prelicensing courses, content must be delivered on an in-person 
basis or through electronic means incorporating a live online format. If 
a prelicensing or continuing education course is offered by electronic 
means that do not allow for real-time audio communication between the 
instructor and students, the school must include in the course periodic 
interactive assessments to confirm each student ’s level of 
comprehension and engagement. 
For continuing education courses, the content does not need to be 
delivered live, but the course must be delivered in a way that prevents 
students from finishing it in less time than the duration specified in the 
application. The following meet this requirement: 
1. offering a live online course format using telecommunications 
technology that allows for real-time audio communication 
between the instructor and students, or 
2. using technology that prohibits a student from completing the 
course in less time than the total course duration specified in the 
application the school filed with DCP. 
§ 5 — ACKNOWLEDGEMEN T OF INTERPRETER SERVICES  
Requires parties to a real estate transaction or negotiation to sign a form that specifically 
acknowledges that a language interpreter’s services were used 
Form When Third Party Serves as Interpreter  
Under the bill, if a buyer or renter uses an interpreter (other than the 
real estate licensee or their employee) for a real estate transaction or  2023HB-06769-R000230-BA.DOCX 
 
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negotiation, the real estate licensee must give the buyer or renter and 
the interpreter a form containing certain language, and have them sign 
it. The language must read as follows: 
I, (name of buyer or renter), used (name of interpreter) to act as 
my interpreter during this real estate transaction or these 
negotiations. The obligations of this contract or other written 
agreement were explained to me in my native language by the 
interpreter. I understand the contract or other written agreement. 
(signature of buyer or renter) 
(relationship of interpreter to buyer or renter) 
I, (name of interpreter), acted as interpreter during this real 
estate transaction or these negotiations. The obligations of the 
contract or other written agreement were explained to (name of 
buyer or renter) in their native language. I understand the contract 
or other written agreement. 
(signature of interpreter) 
(relationship of interpreter to buyer or renter). 
Form When Real Estate Licensee Acts as Interpreter  
If a real estate licensee acts as an interpreter for a buyer or renter 
while also engaging in a real estate transaction, the bill requires the real 
estate licensee to get the buyer or renter’s signature on a form the 
licensee must provide containing the following language written in the 
buyer or renter’s native language: 
This real estate transaction or these negotiations were 
conducted in (buyer’s or renter’s native language), which is my 
native language. I voluntarily choose to have the Real Estate 
(Broker/Salesperson/Leasing Agent) act as my interpreter during 
the negotiations. The obligations of the contract or other written 
agreement were explained to me in my native language. I 
understand the contract or other written agreement.  2023HB-06769-R000230-BA.DOCX 
 
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If the buyer’s or renter’s native language cannot be reduced to 
writing, the form must be in English. 
§ 6 — WRAPPING UP OR TRANSITIONING BROKE RAGE 
BUSINESS  
Establishes a process for a brokerage business to wrap up or transition under the oversight 
of a custodial broker in the event of a broker’s death or incapacitation  
Under the bill, if a broker dies or is mentally or physically 
incapacitated and unable to serve as a broker, the executor of his or her 
estate (or another legally authorized person) may apply to DCP 
requesting the appointment of a custodial broker. If DCP approves the 
application, it must appoint a custodial broker to serve a maximum 180-
day term, unless DCP extends it after receiving a hardship application. 
Under the bill, a “custodial broker” is a licensed broker who is 
temporarily appointed just to: 
1. conclude the deceased or incapacitated broker’s real estate 
business matters or transition them to another broker; or  
2. assist in transitioning the broker’s ownership interest in a 
business entity engaged in real estate to comply with the law’s 
requirements for broker businesses (e.g., ownership and control 
requirements). 
Custodial brokers must preserve the financial interests of the 
deceased or incapacitated real estate broker or the estate of the deceased 
real estate broker. They cannot negotiate the purchase, sale, or lease of 
real estate on behalf of the deceased or incapacitated broker unless: 
1. the prospective purchaser, seller, lessor, or lessee entered into a 
preexisting buyer agreement, listing agreement, or leasing 
agreement with the deceased or incapacitated broker; and 
2. the prospective purchaser or lessor has executed a contract or 
paid a deposit to a seller or lessee to reserve a right to purchase 
or lease. 
Associates and Team Members 
The bill prohibits salespeople and team members from engaging in  2023HB-06769-R000230-BA.DOCX 
 
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real estate business while the broker serving as their supervising 
licensee is deceased or incapacitated unless a custodial broker has been 
appointed. 
Serving as the Designated Broker 
If a business entity’s designated broker (i.e., the person with the 
power to supervise and control a broker business entity) is deceased or 
incapacitated, the business entity cannot conduct real estate transactions 
unless a custodial broker has been appointed. 
If a custodial broker is appointed to serve as the business entity’s 
designated broker, the business entity may engage in real estate 
transactions to the same extent that it would if the designated broker 
was not a custodial broker. 
§§ 7, 9-11, 14-24, 33 & 38 — CREATION OF REAL ESTATE LEASING 
AGENT CREDENTIAL 
Creates a new leasing agent license and outlines residential real estate activities a leasing 
agent is permitted to engage in and under whose affiliation  
The bill creates a new real estate license for leasing agents operating 
in residential developments.   
Scope of Work and Employment  
Under the bill, a “leasing agent” is someone who acts as agent for a 
principal for a commission, fee, or other valuable consideration and 
engages in residential leasing or renting activity (e.g., collecting security 
deposits, offering or negotiating a rental, or collecting rent). The bill 
specifies that leasing agents cannot engage in any activity that requires 
a broker or real estate salesperson’s license, including (1) selling, 
offering, listing, negotiating, referring, or showing for sale; (2) entering 
into lease-to-own agreements; or (3) leasing commercial real estate.   
Leasing agents must only work for and be employed by a 
development owner who, under the bill, is (1) the owner of record of a 
multiunit development in which units are offered for lease or (2) the 
parent company holding a 100% interest in the owner of record. 
“Multiunit developments” are residential properties with at least 50 
units that are rentals. Leasing agents must have a written contract before  2023HB-06769-R000230-BA.DOCX 
 
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engaging in leasing activity for a development. Contracts must be 
maintained for at least seven years and provided in electronic form to 
DCP upon request. 
When a leasing agent’s affiliation ends, he or she must notify DCP 
within 14 days after the (1) termination or (2) start of an affiliation with 
another development owner, whichever occurs first.   
Licensure  
The leasing agent exam application fee is $80. The exam must be 
prepared by DCP or by a national testing service it designates. If the 
applicant takes a national testing service exam, there may be an 
additional fee. The DCP commissioner must adopt regulations on what 
qualifies as a passing score.  
The bill specifies that before a leasing agent sits for an exam, he or she 
must prove to the DCP commissioner’s satisfaction that he or she has: 
1. successfully completed an approved course or courses, totaling 
at least 20 classroom hours, and including training on fair 
housing law, landlord tenant law, and security deposit 
management; or 
2. equivalent experience or education as determined adequate by 
the Real Estate Commission or DCP commissioner. 
Under the bill, a leasing agent applicant must have a good reputation 
for honesty, truthfulness, and fair dealing, as is the case under existing 
law for other licensees.   
The initial biennial license fee and biennial renewal fee for a leasing 
agent is $570. $6 from each renewal goes to the Real Estate Guaranty 
Fund (see below). Under the bill, a leasing agent must complete at least 
four hours of continuing education during the two-year period that 
begins 27 months before the license’s renewal date and ending three 
months before the renewal date. At least one hour of it must address fair 
housing law. The biennial continuing education processing fee is $8.   2023HB-06769-R000230-BA.DOCX 
 
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The bill authorizes the DCP commissioner to adopt regulations on the 
application process for a leasing agent license and the occupation 
generally. 
First Contribution to Real Estate Guaranty Fund 
The bill subjects leasing agents to the guaranty fund law, including 
requiring applicants seeking a leasing agent license to make a $20 
contribution to the fund and allowing people aggrieved by an agent’s 
actions to apply for compensation from it. If the fund compensates a 
consumer, the leasing agent is ineligible to receive a new license until 
any payout, plus interest, is reimbursed. 
The Real Estate Guaranty Fund, administered by DCP, can reimburse 
consumers up to $25,000 if they suffer financial losses in unscrupulous 
real estate transactions. 
Treated as Other Real Estate Licensees  
The bill generally extends to leasing agents provisions in existing law 
that apply to real estate brokers and salespeople, including provisions 
that: 
1. allow the employer (i.e., development owner) to enter into a 
written contract with them specifying that the agent is an 
independent contractor for purposes of the workers’ 
compensation law (§ 10); 
2. allow leasing agents credentialed in another state to get a 
reciprocal license in Connecticut, under specified circumstances 
(§ 14);  
3. concern license renewals and reinstatements, as modified by the 
bill (see “RENEWALS, REINSTATEM ENT, AND APPEALS ” 
below); 
4. allow DCP and the Real Estate Commission to investigate 
licensees, temporarily suspend or permanently revoke a license, 
and fine violators of real estate licensing laws up to $5,000 per 
violation (cap raised to this amount by the bill, see § 17);  2023HB-06769-R000230-BA.DOCX 
 
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5. as is the case for salespeople under existing law, require leasing 
agents who transfer their affiliation to a different property owner 
to register the transfer with DCP, at a cost of $25 (§ 16); 
6. prohibit influencing appraisals (§ 19); and 
7. prohibit revealing or misusing confidential information about a 
prospective or former client (§ 31). 
§§ 11 & 15 — RENEWALS, REINSTATEMENT, AND APPEALS 
Makes licenses biennial and adjusts fees accordingly; imposes fines for failure to complete 
continuing education requirements on time; modifies the deadlines and process for seeking 
reinstatement; clarifies the appeals process for license denials  
Biennial Licenses  
The bill makes broker and salesperson licenses biennially, rather than 
annually, renewable. It also makes the new leasing agent license 
biennially renewable. It correspondingly increases the: 
1. initial license fee for brokers from $565 to $1,130; 
2. renewal fee for brokers from $375 annually to $750 biennially; 
3. initial license fee (and identical renewal fee) for salespeople from 
$285 to $570;  
4. continuing education processing fee from $4 annually to $8 
biennially; and 
5. amount of each real estate license renewal fee that goes to the 
Real Estate Guaranty Fund from $3 to $6. 
Late Renewal and Reinstatement  
Under the bill, if a renewal application is submitted within 90 days of 
the credential’s expiration, the applicant does not have to apply for 
reinstatement. But the applicant may be subject to the statutory late fee 
(10% of the renewal fee, but not less than $10 or more than $100) (CGS § 
21a-4(c)). 
Under the bill, if more than 90 days elapse, but fewer than three years,  2023HB-06769-R000230-BA.DOCX 
 
Researcher: JSB 	Page 14 	3/27/23 
 
an application for reinstatement is required. Under current law, 
reinstatement may be sought only within two years from the license’s 
expiration. As under existing law, reinstatement is discretionary.     
Under the bill, reinstatement requirements vary depending on 
whether the person worked in the field without a required license. The 
bill applies the same fee structure that already applies to reinstatements, 
but adds requirements for continuing education. So, under the bill:  
1. if the applicant did not work, he or she must (a) pay the current 
year’s renewal fee for reinstatement and (b) take any continuing 
education required for the year of, and the year before, the 
reinstatement; and 
2. if the applicant worked, he or she must (a) pay all license and late 
fees due for the period the credential was lapsed and (b) 
demonstrate completion of any continuing education required 
for the year before reinstatement. 
For each year or fraction of a year from the date of expiration, the late 
fee is $375 for brokers and $285 for salespeople or leasing agents. 
Military Reinstatements 
The bill similarly gives people in the military up to three years, 
instead of the current two years, to seek a no-fee reinstatement. But the 
bill additionally requires them to show that they completed at least six 
hours of continuing education, including the mandatory continuing 
education required for their license, during the calendar year before the 
date they file for reinstatement. 
Continuing Education Delinquency Fee  
Under the bill, if a real estate licensee fails to complete the required 
continuing education for any two-year license period, they must pay: 
1. $315 if the requirements were met within two months after the 
license period expired or 
2. $625 if the requirements were met more than two months, but  2023HB-06769-R000230-BA.DOCX 
 
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less than four, after the license period expired. 
The department must prescribe how a licensee can report this 
information to it. 
Appeals Following Denial  
The bill enhances current law’s appeals process when a real estate 
applicant is refused a license. As under current law, denied applicants 
(for an initial or renewed license) are afforded an opportunity for a 
hearing.   
The bill specifies that following a denial, DCP must send a notice to 
the applicant disclosing the denial and informing them that they may 
request a hearing by submitting a written hearing request within 30 
days after the notice was sent. If the applicant requests a hearing, DCP 
must send him or her a notice disclosing the grounds for the license 
denial. DCP must hold the hearing and, if the denial is sustained, the 
applicant may file a new application for the same license or renewal one 
year after the denial date. 
§ 29 — DISCLOSURES TO OTHER PARTY AND PROSPECTI VE 
PARTIES  
Simplifies requirements for licensees’ disclosure of their clients’ identity; requires 
additional disclosures to prospective parties (e.g., concerning agency relationship and fair 
housing)  
Under current law, brokers and real estate salespeople who represent 
a seller, lessor, prospective purchaser, or lessee must disclose, in 
writing, the identity of their client to any party to the transaction who 
does not have a broker or salesperson representing them. Under current 
law, if it is a commercial transaction, the disclosure is required before 
the prospective purchaser or lessee signs the purchase contract or lease. 
For residential transactions, the disclosure is required at the beginning 
of the first personal meeting concerning (1) the prospective purchaser’s 
or lessee’s specific needs in the transaction or (2) the seller’s or lessor’s 
real property. The bill instead requires real estate licensees to disclose 
their client’s identity upon request. 
The bill requires licensees to disclose to prospective parties in writing  2023HB-06769-R000230-BA.DOCX 
 
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(including by electronic means) by the first personal meeting:  
1. the types of agency relationships available to the prospective 
party and  
2. that the prospective party should not share confidential 
information with the licensee until the prospective party has 
entered into a written representation agreement with the 
licensee.  
If it is a residential real estate transaction, licensees must also give a 
prospective party information on fair housing discrimination, including 
a description of federal and state fair housing laws, protected classes, 
and where to get more information and available resources.  
As under existing law, the DCP commissioner must adopt 
regulations to carry out these disclosure provisions as he deems 
necessary.  
§ 31 — PROSPECTIVE PARTIES’ CONFIDENTIAL INFORMATION  
Expands existing law by prohibiting real estate licensees from misusing confidential 
information to include information on prospective parties 
Existing law, with limited exceptions, prohibits real estate licensees 
from (1) revealing confidential information about a person whom they 
represented as an agent, designated buyer agent, or a designated seller 
agent; (2) using confidential information about that person to the 
person’s disadvantage; or (3) using confidential information about that 
person for the licensee’s advantage or the advantage of a third party. 
The bill expands these prohibitions to include confidential information 
about prospective parties, which the bill defines as people that 
communicate with a licensee in contemplation of potential 
representation in a real estate transaction. 
BACKGROUND 
Related Bills 
SB 135 (File 95), reported favorably by the General Law Committee, 
reduces various occupational registration, certification, and license fees, 
including those for brokers and salespeople (see § 7).    2023HB-06769-R000230-BA.DOCX 
 
Researcher: JSB 	Page 17 	3/27/23 
 
sHB 6767, reported favorably by the General Law Committee, (1) 
revises the process for renewing a DCP credential after the deadline for 
doing so has passed by setting a broadly applicable 90-day threshold for 
untimely renewals and (2) generally requires reinstatements to be 
requested within three years of a credential’s lapse (§§ 20 & 28-29).   
COMMITTEE ACTION 
General Law Committee 
Joint Favorable Substitute 
Yea 23 Nay 0 (03/09/2023)