Conn. Gen. Stat. § 20-320

Current with legislation from the 2024 Regular and Special Sessions.

Section 20-320 - Suspension or revocation of license or registration. Fines

(a) The department may investigate the actions of any person who engages in the real estate business or offers real estate courses within this state. The commission or department may temporarily suspend or permanently revoke any license or registration issued under the provisions of this chapter and, in addition to or in lieu of such suspension or revocation, may, in the commission's or department's discretion, impose a fine of not more than five thousand dollars per violation at any time when, after proceedings as provided in section 20-321, the commission or department finds that the real estate licensee has by false or fraudulent misrepresentation obtained a license or registration or that the real estate licensee has:

(1) Made any material misrepresentation;

(2) made any false promise of a character likely to influence, persuade or induce;

(3) acted as an agent for more than one party in a transaction without the knowledge of all parties for whom the real estate licensee acted;

(4) represented, or attempted to represent, a real estate broker, other than the real estate licensee's affiliated or supervising licensee, without the express knowledge and consent of such real estate licensee's affiliated or supervising licensee;

(5) failed, within a reasonable time, to account for or remit any moneys which came into the real estate licensee's possession and which belong to others;

(6) entered into an exclusive listing contract or buyer agency contract which contains a fixed termination date if such contract also provides for an automatic continuation of the period of such contract beyond such date;

(7) failed to deliver immediately a copy of any instrument to any party or parties executing such instrument, where such instrument has been prepared by the real estate licensee or under such real estate licensee's supervision and where such instrument relates to the employment of such real estate licensee or to any matters pertaining to the consummation of a lease, or the purchase, sale or exchange of real property or any other type of real estate transaction in which such real estate licensee may participate as a real estate licensee;

(8) been convicted, in a court of competent jurisdiction, of forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or a similar offense, provided suspension or revocation under this subdivision shall be subject to the provisions of section 46a-80;

(9) collected compensation or a commission in advance of services to be performed and failed, upon demand of the person who paid such compensation or commission, to render an accounting of the use of such compensation or commission;

(10) commingled funds of others with the real estate licensee's own funds, or failed to keep funds of others in an escrow or trust account;

(11) engaged in any act or conduct which constitutes dishonest, fraudulent or improper dealings;

(12) failed to provide the disclosures required by section 20-325c; or

(13) violated any provision of this chapter or any regulation adopted under this chapter. Any fine collected pursuant to this section shall be deposited in the Real Estate Guaranty Fund established pursuant to section 20-324a.

(b) No person shall be relieved of responsibility for the conduct or actions of such person's agents, employees or officers by reason of such person's compliance with the provisions of this chapter. No person who engages in the real estate business shall be relieved of responsibility for such person's own conduct or actions by reason of such person's employment by, or association with, any real estate licensee or development owner.

Conn. Gen. Stat. § 20-320

(1953, 1955, S. 2348d; 1957, P.A. 39; 1963, P.A. 100; 1967, P.A. 460, S. 9; P.A. 74-286, S. 1, 3; P.A. 76-26, S. 1, 3; 76-168, S. 2, 4; P.A. 77-614, S. 227, 610; P.A. 83-512, S. 2; P.A. 88-329, S. 10, 15; P.A. 89-347, S. 2; P.A. 90-332, S. 14, 32; P.A. 91-229 , S. 11 , 19 ; P.A. 93-354 , S. 15 , 54 ; P.A 94-36 , S. 41 , 42 ; 94-240 , S. 2 , 14 ; P.A. 98-10 , S. 16 ; P.A. 99-231 , S. 3 , 7 ; June 30 Sp. Sess. P.A. 03-6, S. 146 (d); P.A. 04-169 , S. 17 ; 04-189 , S. 1 ; P.A. 16-185 , S. 29 .)

Amended by P.A. 23-0084,S. 17 of the Connecticut Acts of the 2023 Regular Session, eff. 4/1/2024.

Amended by P.A. 16-0185, S. 29 of the Connecticut Acts of the 2016 Regular Session, eff. 7/1/2016.

Commission has jurisdiction to revoke broker's license pursuant to section only if he is acting in his capacity as broker, i.e. performing or attempting to perform "for another and for a fee". 169 Conn. 445 . Cited. 177 C. 515 ; 213 C. 612 . Cited. 7 CA 120 ; 14 CA 46 ; 25 CA 51 ; 37 CA 777 . Cited. 26 CS 193 .