Researcher: JSB Page 1 5/25/23
OLR Bill Analysis
sHB 6769 (as amended by House "A")*
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 & 33 — LEASING AGENTS’ SCOPE OF WORK AND
EMPLOYMENT
Outlines residential real estate activities a leasing agent is permitted to engage in and
under whose affiliation
§§ 11 & 15 — LICENSE RENEWALS, REINSTATEMENT, AND
APPEALS
Makes a real estate licensee’s license renewable biennially rather than annually 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) 2023HB-06769-R010824-BA.DOCX
Researcher: JSB Page 2 5/25/23
§ 31 — PROSPECTIVE PARTIES’ CONFIDENTIAL INFORMATION
Expands existing confidentiality 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) clarifies that an
associate broker may work for another broker in a capacity that is
similar to that of a real estate salesperson and (2) 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 real estate licensees (i.e., brokers and
salespeople) 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);
3. specifically permits a real estate team to transfer the team’s 2023HB-06769-R010824-BA.DOCX
Researcher: JSB Page 3 5/25/23
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 or salesperson to
compensate an out-of-state broker or salesperson 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 leasing agents and a broker’s
clerical staff are exempt (§ 39); and
12. repeals an obsolete conflict of interest provision (§ 44). 2023HB-06769-R010824-BA.DOCX
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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). And lastly, the bill sets fines for licensees who fail to complete
required continuing education coursework on time (§ 15).
It also makes minor, technical, and conforming changes.
*House Amendment “A” eliminates the provisions in the underlying
bill that would have established a new credential for residential leasing
agents and treated them as real estate licensees, however, it retains
certain provisions outlining their scope of practice.
EFFECTIVE DATE: April 1, 2024
§§ 2 & 16 — SUPERVISING BROKERS’ RELATIONS HIP 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
(“supervising licensees”) 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 (i.e., broker or salesperson) or a team of them (i.e., any
combination of at least two of them that advertise using a team name
and are affiliated with a single supervising licensee). An “associate
broker” is a broker affiliated with a supervising licensee in an employee 2023HB-06769-R010824-BA.DOCX
Researcher: JSB Page 5 5/25/23
or independent contractor capacity with authority to engage in real
estate business on the supervising 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 2023HB-06769-R010824-BA.DOCX
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courses it offers comply with the applicable requirements (including
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 2023HB-06769-R010824-BA.DOCX
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amount of time spent on each subject covered;
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 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 — ACKNOWLEDGEMENT OF INTERPRETER SERVI CES
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 2023HB-06769-R010824-BA.DOCX
Researcher: JSB Page 8 5/25/23
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
negotiation, the real estate licensee must give the buyer or renter and
the interpreter a form containing certain language, which they must
sign. 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) act as my interpreter during the
negotiations. The obligations of the contract or other written 2023HB-06769-R010824-BA.DOCX
Researcher: JSB Page 9 5/25/23
agreement were explained to me in my native language. I
understand the contract or other written agreement.
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. 2023HB-06769-R010824-BA.DOCX
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Associates and Team Members
The bill prohibits salespeople and team members from engaging in
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 & 33 — LEASING AGENTS’ SCOPE OF WOR K AND
EMPLOYMENT
Outlines residential real estate activities a leasing agent is permitted to engage in and
under whose affiliation
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 complexes with at least 50
units that are rentals. Leasing agents must have a written contract before
engaging in leasing activity for a development. Contracts must be 2023HB-06769-R010824-BA.DOCX
Researcher: JSB Page 11 5/25/23
maintained for at least seven years and provided in electronic form to
DCP upon request.
§§ 11 & 15 — LICENSE RENEWALS, REINSTATE MENT, AND
APPEALS
Makes a real estate licensee’s license renewable biennially rather than annually 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 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,
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 2023HB-06769-R010824-BA.DOCX
Researcher: JSB Page 12 5/25/23
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.
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
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 for applicants who 2023HB-06769-R010824-BA.DOCX
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are refused a real estate license. As under current law, applicants who
are denied an initial or renewal license must be 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 PR OSPECTIVE
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, real estate licensees 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 on (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 licensees to disclose their client’s
identity upon request.
The bill requires licensees to disclose to prospective parties in writing
(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 2023HB-06769-R010824-BA.DOCX
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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 confidentiality 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).
sHB 6767 (File 229), as amended by House Amendment “A” and
passed by the House, (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). 2023HB-06769-R010824-BA.DOCX
Researcher: JSB Page 15 5/25/23
COMMITTEE ACTION
General Law Committee
Joint Favorable Substitute
Yea 23 Nay 0 (03/09/2023)
Insurance and Real Estate Committee
Joint Favorable
Yea 7 Nay 4 (05/10/2023)