§ 20-312 — License required. Imposition of fine. Teams.

Connecticut § 20-312

• Jurisdiction: Connecticut
• Title 20: Professional and Occupational Licensing, Certification, Title Protection and Registration. Examining Boards
• Ch. 392: Real Estate Licensees

Text

(a) No person shall act as a real estate licensee without a license issued by the commission or the Commissioner of Consumer Protection, unless exempt under this chapter. The commissioner may enter into any contract for the purpose of administratively processing the renewal of licenses on behalf of the commission. (b) The practice of engaging in the real estate business, or the offer to engage in the real estate business in this state by real estate licensees, as a business entity is permitted, provided: (1) A material part of the business entity's business includes engaging in the real estate business; (2) The business entity's personnel who engage in the real estate business are licensed, or exempt from licensure, under this chapter; (3) The business entity has been issued a real estate broker license as set forth in this section; (4) The business entity has paid the license or renewal fee required for a real estate broker's license as set forth in section 20-314 ; and (5) The business entity is a publicly traded corporation or, if the business entity is not a publicly traded corporation: (A) The business entity is a stock corporation and one or more real estate brokers, who are either licensed or exempt from licensure under this chapter, own or control fifty-one per cent or more of the total issued shares of the corporation; (B) The business entity is a nonstock corporation and one or more real estate brokers, who are licensed or exempt from licensure under this chapter, constitute at least fifty-one per cent of the members of the nonstock corporation; (C) The business entity is a limited liability company and one or more real estate brokers, who are licensed or exempt from licensure under this chapter, own or control at least fifty-one per cent of the interest in the limited liability company, as defined in section 34-243a ; or (D) The business entity is a partnership or limited liability partnership and the partnership interest, as defined in section 34-301 , of one or more real estate brokers, who are licensed or exempt from licensure under this chapter, constitutes at least fifty-one per cent of the total partnership interest. (c) A business entity desiring a real estate broker license shall file with the commission or the Commissioner of Consumer Protection an application on such forms and in such manner as prescribed by the department. Each such business entity shall file with the commission, in a form and manner prescribed by the department, the identity of, and contact information for, at least one designated broker. Such business entity shall notify the commission of any change in the identity of, or contact information for, such designated broker not later than thirty days after such change becomes effective. (d) The Real Estate Commission may impose a fine of not more than five thousand dollars per violation on any person that engages in the real estate business, including, but not limited to, leasing or rental activity, without a license required by this section. Any such imposition of a fine by the commission shall be a proposed final decision and submitted to the Commissioner of Consumer Protection in accordance with the provisions of subsection (b) of section 21a-7 . (e) Each team shall register, on a form and in a manner prescribed by the Commissioner of Consumer Protection, with the department. Each initial registration shall be valid for a period of one year and be subject to renewal for additional one-year periods. Each team shall pay to the department an initial registration fee of five hundred sixty-five dollars when the team files its initial registration, and a registration renewal fee of three hundred seventy-five dollars when the team files each registration renewal, pursuant to this subparagraph. Each team shall include in each registration form that the team files with the department pursuant to this subsection: (1) Such team's team name, which shall: (A) Include the full name of at least one licensed real estate broker or real estate salesperson who is part of such team or be immediately followed by “at/of” [full name of the team's supervising licensee] ; (B) Not include the name of any individual who is not a licensed real estate broker or real estate salesperson; and (C) With the exception of “team”, not include any abbreviation, term or phrase, including, but not limited to, “associates”, “company”, “corporation”, “group”, “LLC”, “real estate” or “realty”, that implies that such team is a business entity; (2) The name of, and contact information for, such team's supervising licensee, who shall serve as such team's primary contact, ensure that such team complies with all applicable laws and regulations concerning team advertisements and ensure that such team timely files accurate registration forms and registration updates with the department pursuant to this subsection; and (3) The name and contact information for each real estate broker or real estate salesperson who is part of such team. (f) A team shall send notice to the department disclosing any change to the information contained in the team's registration form. The team shall send such notice to the department, on a form and in a manner prescribed by the Commissioner of Consumer Protection, not later than twelve days after the date of such change. A team may transfer the team's registration from one supervising licensee to another supervising licensee, without applying for a new team registration, if (1) all members of such team transfer to such other supervising licensee, and (2) both supervising licensees agree to such transfer. (g) Each team shall comply with all advertising requirements and standards that apply to real estate brokers, and shall include the name of such team's supervising licensee at a prominent location in all of such team's advertisements. See Sec. 42-103gg re license requirements for sales agents offering a time share interest.

Legislative History

(1953, S. 2341d; P.A. 78-147, S. 2; P.A. 88-329, S. 4, 15; P.A. 90-332, S. 6, 32; P.A. 91-229, S. 4, 19; P.A. 93-354, S. 6, 54; P.A. 94-36, S. 41, 42; P.A. 95-198, S. 1; P.A. 96-200, S. 6; P.A. 98-10, S. 6; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1; P.A. 05-115, S. 1; P.A. 16-97, S. 103; 16-185, S. 23; P.A. 17-77, S. 4; P.A. 21-167, S. 2; P.A. 23-84, S. 9.) History: P.A. 78-147 required that all salesmen affiliated as independent contractors with partnerships, firms, etc. be licensed before license granted to the partnership, firm, etc.; P.A. 88-329 required real estate appraisers and residential appraisers to be licensed, and established requirements for the licensing of partnerships, associations and corporations engaged in the real estate appraisal and residential appraisal business, effective July 1, 1989; P.A. 90-332 added a provision for certification to the licensing requirement for the real estate appraisal commission; P.A. 91-229 in Subsec. (a) deleted the reference to “residential appraiser”, in Subsec. (c) deleted the reference to “is certified” and substituted “certification” and deleted Subsec. (d) which had required individuals in partnership, association or corporation to be licensed as a condition for licensure of any partnership, association or corporation to engage in residential appraisal business; P.A. 93-354 deleted Subsec. (c) which had required that all members and officers of real estate appraisal business hold license or certificate before the business itself could be granted a license and deleted references elsewhere in the section to real estate appraisers, effective in accordance with Sec. 20-528; P.A. 94-36 changed effective date of P.A. 93-354 but without affecting this section; P.A. 95-158 added a provision to allow the Commissioner of Consumer Protection to enter into a contract to administratively process the renewal of licenses on behalf of the Real Estate Commission; P.A. 96-200 substituted “salesperson” for “salesman”; P.A. 98-10 made technical changes in Subsec. (a); June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 05-115 replaced former provisions of Subsec. (b) with new provisions re practice as a corporation, limited liability company or partnership, and added new Subsecs. (c) and (d) re applications for licensure and re penalties for engaging in real estate business without a license, respectively; P.A. 16-97 amended Subsec. (b)(3)(C) by substituting reference to Sec. 34-243a for reference to Sec. 34-101, effective July 1, 2017; P.A. 16-185 amended Subsecs. (a) to (c) to add references to Commissioner of Consumer Protection and amended Subsec. (d) to add provision re commission's imposition of fine to be proposed final decision and submitted to commissioner, effective July 1, 2016; P.A. 17-77 amended Subsecs. (b) to (d) to add references to limited liability partnership, further amended Subsec. (c) to add “or qualified to be licensed”, and made technical changes, effective July 1, 2017; P.A. 21-167 added Subsec. (e) re teams, effective January 1, 2022; P.A. 23-84 amended Subsec. (a) by substituting “real estate licensee” for “real estate broker or real estate salesperson”, substantially revised Subsec. (b) including by substituting references to business entity for references to corporation, limited liability company, partnership or limited liability partnership and deleting provision re responsibility of corporation, limited liability company, partnership or limited liability partnership for acts of agents, employees or officers, substantially revised Subsec. (c) including by substituting references to business entity for references to corporation, limited liability company, partnership or limited liability partnership and revising provision re disclosure of identity of designated broker, amended Subsec. (d) by substituting “five thousand dollars per violation” for “one thousand dollars”, substituting references to person for references to corporation, limited liability company, partnership or limited liability partnership and adding provision re leasing or rental activity, amended Subsec. (e) by redesignating Subdiv. (1)(A) as Subsec. (e), Subpara. (A)(i) to (iii) as Subdivs. (1) to (3), Subpara. (A)(i)(I) to (III) as Subdiv. (1)(A) to (C) and Subdiv. (1)(B) and (C) as Subsecs. (f) and (g) and deleting former Subdiv. (2), amended redesignated Subsec. (f) by adding provisions re transfer of team registration between supervising licensees, and made technical and conforming changes throughout, effective April 1, 2024. Constitutional. 142 C. 699. Cited. 144 C. 647; 218 C. 396. Cited. 5 CA 76; 36 CA 653. Cited. 26 CS 195; 38 CS 509.