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Substitute Senate Bill No. 340
Public Act No. 26-23
AN ACT CONCERNING CONTINUING REAL ESTATE EDUCATION
REQUIREMENTS, PUBLIC MARKETING OF CERTAIN REAL
ESTATE LISTINGS AND REVISING THE TITLE OF A REAL ESTATE
SALESPERSON TO A REAL ESTATE AGENT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 20 -319 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2026):
(a) The commission shall authorize the department to issue a two -
year renewal license to any applicant who possesses the qualifications
specified in, and has otherwise complied with the provisions of, this
chapter and any regulation adopted pursuant to thi s chapter. The
commission shall authorize the department to issue a two-year renewal
of a real estate broker's license to any business entity licensed pursuant
to subsection (b) of section 20 -312, provided such business entity: (1)
Was so licensed as of September 30, 2005, notwithstanding the fact such
business entity does not meet the requirements for publicly traded
corporations required by subdivision (5) of subsection (b) of section 20-
312, or (2) changes such business entity's designated broker pursuant to
subsection (c) of section 20-312.
(b) There are hereby established two -year renewal licenses to be
issued by the department to real estate licensees. Each real estate
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licensee who files an application with the department seeking a two -
year renewal license shall fulfill a continuing education requirement.
Each applicant for a two -year renewal license shall, in addition to the
other requirements imposed by the provisions of this chapter, submit to
the commission or department proof that such applicant is in
compliance with the continuing education requirements established in
this section. Each real estate licensee shall pay a biennial eight -dollar
continuing education proc essing fee to cover the administrative costs
associated with reviewing and auditing continuing education
submissions. The continuing education requirement for real estate
licensees may be satisfied by successful completion of any of the
following during the two-year period preceding a renewal: (1) A course
or courses of not less than two hours per course , approved by the
commission or department, of continuing education in current real
estate practices and licensing laws, including, but not limited to,
practices and laws concerning common interest communities,
consisting of not less than twelve hours of classroom study; or (2) a
written examination prepared and administered by either the
department, or by a national testing service approved by the
department, which demonstrates a knowledge of current real estate
practices and licensing laws; or (3) equivalent continuing educational
experience or study as determined by regulations adopted pursuant to
subsection (d) of this section. An applicant for examination under
subdivision (2) of this subsection shall pay the required examination fee
to the national testing service, if administered by such testing service, or
to the department, if administered by the department.
(c) If the commission or department refuses to grant a two -year
renewal license, the licensee or applicant, upon written notice received
as provided for in this chapter, may have recourse to any of the remedies
provided by sections 20-314, as amended by this act, and 20-322.
(d) The Commissioner of Consumer Protection, in consultation with
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the commission, shall adopt regulations, in accordance with chapter 54,
to establish continuing education requirements. Such regulations shall
include, but not be limited to: (1) Specifications for meeting equivalent
continuing educational experience or st udy; and (2) exceptions from
continuous education requirements for reasons of health or instances of
individual hardship.
(e) If a real estate licensee fails to satisfy the continuing education
requirements established pursuant to this section for any two -year
license period, the real estate licensee shall pay to the department a fee
in the amount of:
(1) Three hundred fifteen dollars if such licensee reports to the
department, in a form and manner prescribed by the department, that
such real estate licensee failed to satisfy such continuing education
requirements during such license period but completed such continuing
education requirements not later than two months after such license
period expired; or
(2) Six hundred twenty -five dollars if such licensee reports to the
department, in a form and manner prescribed by the department, that
such real estate licensee failed to satisfy such continuing education
requirements during such license period but completed such continuing
education requirements more than two months after such license period
expired but not later than four months after such license period expired.
Sec. 2. Subdivision (2) of subsection (a) of section 8 -169aa of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective January 1, 2027):
(2) "Actively marketed" means (A) a sign has been placed on a
property advertising sale of such property, (B) the owner of such
property has (i) hired a real estate broker or [salesperson] agent, licensed
pursuant to section 20 -312, as amended by this act , to include the
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property in the multiple listing service or to otherwise market the
property, (ii) placed advertisements weekly, or more frequently, in print
or electronic media, or (iii) distributed printed advertisements, and (C)
such sign contains accurate contact info rmation for such owner or real
estate broker or [salesperson] agent;
Sec. 3. Subsection (b) of section 10a -123 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective January
1, 2027):
(b) The purposes, objectives and duties of said center shall be as
follows: (1) To conduct studies in real estate and urban economics and
to publish and disseminate the findings and results of such studies; (2)
to assist the teaching program in real estate offered by The University of
Connecticut; (3) to supply material to the Connecticut Real Estate
Commission for the preparation by it of examinations for real estate
[salespersons] agents and brokers, if requested to do so by the
commission; (4) to develop and from time to time revise and update
materials for use in the extension courses in real estate offered by The
University of Connecticut; (5) to assist the Connecticut Real Estate
Commission in developing standards for the accreditation of technical
education and career schools and other teaching agencies giving courses
in the field of real estate and standards for the approval of courses in the
field of real estate, as and when requested to do so by the commission.
Sec. 4. Section 20 -311 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective January 1, 2027):
As used in this chapter, unless the context otherwise requires:
(1) "Advertising" (A) means disseminating, publishing or causing to
be posted by way of any (i) print media, including, but not limited to,
outdoor signage and periodicals, (ii) audio or video broadcast,
streaming or other electronic dissemination, or (iii) wr itten or
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photographic material disseminated or posted via online, telephonic
notification, electronic mail or other electronic means, and (B) does not
include any (i) stockholder communication, including, but not limited
to, any annual report, interim financial rep ort, proxy material,
registration statement, securities prospectus or application for listing a
security on a stock exchange, (ii) prospectus, property report, offering
statement or other document that any federal agency or agency of
another state requires be delivered to a prospective purchaser, (iii)
communication addressed to, and relating to the account of, a person
who has executed a contract for the purchase of a subdivider's lands,
except if such communication concerns the sale of additional lands, o r
(iv) press release or other communication delivered to a media outlet for
general information or public relations purposes, provided no charge is
imposed by such media outlet for publication or use of any part of such
communication;
(2) "Affiliated" means having a working relationship with a real estate
licensee by way of an (A) employer -employee relationship, or (B)
independent contractor relationship;
(3) "Associate broker" means a real estate broker who (A) is affiliated
with a supervising licensee as an independent contractor or employed
by a supervising licensee, and (B) has the authority to engage in the real
estate business on behalf of such supervising licensee;
(4) "Business entity" means any association, corporation, limited
liability company, limited liability partnership or partnership;
(5) "Commercial real estate transaction" means any transaction
involving the sale, exchange, lease or sublease of real property other
than (A) real property containing any building or structure occupied, or
intended to be occupied, by not more than four famili es, or (B) a single
building lot to be used for family or household purposes;
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(6) "Commission" means the Connecticut Real Estate Commission
appointed under the provisions of section 20 -311a, as amended by this
act;
(7) "Confidential information" means any fact concerning a person's
assets, expenses, income, liabilities, motivations to purchase, rent or sell
real property and previous offers received or made to purchase or lease
real property which (A) a client has not au thorized for release, or (B) is
not (i) a matter of general knowledge, (ii) part of a public record or file
to which access is authorized pursuant to section 1-210, or (iii) otherwise
subject to disclosure under any other provision of the general statu tes
or regulations of Connecticut state agencies;
(8) "Custodial broker" means any individual who is (A) licensed as a
real estate broker, and (B) temporarily appointed solely to (i) conclude
the real estate business matters of another broker who is deceased or
incapacitated, (ii) transition such matters to a real estate broker who is
alive and not incapacitated, or (iii) assist in transitioning the deceased
or incapacitated broker's ownership interest in a business entity that is
engaged in the real estate business for the purpose of satisfying the
requirements established in section 20-312, as amended by this act;
(9) "Department" means the Department of Consumer Protection;
(10) "Designated agency" means the appointment by a real estate
broker of one or more brokers or [salespersons] agents affiliated with or
employed by the real estate broker to solely represent a buyer or tenant
as a designated buyer's agent and appoint another to represent a seller
or landlord as a designated seller's agent in a transaction;
(11) "Designated broker" means the individual real estate broker
whom a real estate broker business entity names as the individual
broker responsible for the supervision and overall operation of such
business entity's engagement in the real estate business in this state;
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(12) "Designated buyer agent" means a real estate licensee who is
designated by the real estate broker by whom such real estate licensee
is employed, or with whom such real estate licensee is affiliated, solely
to represent a named buyer or tenant client of the real estate broker
during the term of a buyer representation agreement or authorization;
(13) "Designated seller agent" means a real estate licensee who is
designated by the real estate broker by whom such real estate licensee
is employed, or with whom such real estate licensee is affiliated, solely
to represent a named seller or landlord client of the real estate broker
during the term of a listing agreement or authorization;
(14) "Development owner" means (A) the owner of record of a
multiunit development that is offered for lease, or (B) the parent
company of such owner of record if such parent company holds a one
hundred per cent ownership interest in such owner of record;
(15) "Engage in the real estate business" means to, while acting for
another and for a fee, commission or other valuable consideration,
negotiate for or offer, or attempt to list for sale, sell, exchange, buy or
rent, an estate or interest in real estate or to resell a mobile manufactured
home, as defined in section 21-64;
(16) "Incapacity" means any physical or mental incapacity which
prevents an individual from substantially satisfying such individual's
duties and responsibilities as a real estate licensee;
(17) "Influence residential real estate appraisals" includes, but is not
limited to, refusing or intentional failing to refer a homebuyer, or
encouraging other real estate licensees not to refer a homebuyer, to a
mortgage broker or lender, as such terms are defined in section 36a-760,
based solely on the fact that the mortgage broker or lender uses an
appraiser who has provided an appraisal reflecting a fair market value
estimate that was less than the sale contract price;
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(18) "Leasing agent" means any individual, other than a real estate
licensee, who (A) acts as an agent for a principal for a commission, fee
or other valuable consideration, and (B) engages in leasing or renting
activity, including, but not limited to, (i) collecting security deposits, (ii)
offering or attempting to negotiate a rental, or (iii) collecting, offering or
attempting to collect rent for the use of real estate;
(19) "Multiunit development" means any residential complex with at
least fifty units that are leased or available to be leased;
(20) "Negotiate" means acting, directly or indirectly, as an
intermediary by facilitating, or participating in, communications
between parties related to the parties' interests in a real estate or mobile
manufactured home transaction;
(21) "Nonmaterial fact concerning real property" means any fact, set
of facts or circumstances surrounding real property which includes, but
is not limited to, the fact that (A) an occupant of real property is or has
been infected with a disease on the list of reportable diseases, emergency
illnesses and health conditions issued by the Commissioner of Public
Health pursuant to section 19a -2a, or (B) the real property was at any
time suspected to have been the site of a death or felony;
(22) "Person" means any individual or business entity;
(23) "Promotional note" (A) means any promissory note that (i) is
secured by a trust deed executed (I) on unimproved real property, (II)
after construction of an improvement of real property but before the first
sale of such property so improved, or (III) as a means of financing the
first purchase of such property so improved, and (ii) is subordinate, or
which by its terms may become subordinate, to any other trust deed on
such property, and (B) does not include any note which was executed
more than three years prior to being offered for sale or was secured by
a first trust deed on real property in a subdivision, which evidences a
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bona fide loan made in connection with the financing of the usual costs
of the development of one or more residential, commercial or industrial
buildings on the property under a written agreement providing (i) for
either the disbursement of the loan funds as costs are incurred or in
relation to the progress of the work, and (ii) for title insurance insuring
the priority of the security as against mechanic's liens or for the final
disbursement of at least ten per cent of the loan funds after the
expiration of the period for the filing of mechanic's liens;
(24) "Prospective party" means any person that communicates with a
real estate licensee in contemplation of potential representation by the
real estate licensee in a real estate transaction;
(25) "Real estate broker" or "broker" means (A) any person engaged
in the real estate business, and (B) any person employed by or on behalf
of the owner or owners of lots or other parcels of real estate, at a stated
salary, upon commission, upon a salary and co mmission basis or
otherwise to sell such real estate, or any parts thereof, in lots or other
parcels, and who sells or exchanges, or offers, attempts or agrees to
negotiate the sale or exchange of, any such lot or parcel of real estate;
(26) "Real estate licensee" means any real estate broker or real estate
[salesperson] agent licensed pursuant to this chapter;
(27) ["Real estate salesperson" or "salesperson"] "Real estate agent" or
"agent" means any individual who is affiliated with a supervising
licensee to (A) engage in the real estate business for or on behalf of such
supervising licensee, or (B) if such individual is acting for another
person as a designated seller agent or designated b uyer agent, engage
in the real estate business;
(28) "Real estate transaction" means any transaction in which (A) real
property is legally transferred to another person, or (B) a lease
agreement is executed between a landlord and a tenant;
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(29) "Residential real property" means any one to four -family
residential real estate located in this state, including, but not limited to,
(A) a cooperative or condominium where the total number of units in
such cooperative or condominium does not exceed four units, and (B)
any individual unit within a multiunit development;
(30) "School" means any person that offers prelicensing or continuing
education courses approved pursuant to this chapter;
(31) "Supervising licensee" means the real estate broker that is
responsible for controlling and supervising another real estate licensee
or a team;
(32) "Team" means any combination of at least two licensed real estate
brokers, designated brokers or real estate [salespersons] agents who are
affiliated with the same supervising licensee and engage in advertising
as a group using a team name; and
(33) "Team name" means the name used to refer to a team in team
advertisements.
Sec. 5. Subsection (b) of section 20 -311a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective January
1, 2027):
(b) The commission shall consist of eight persons, electors of the state,
appointed by the Governor. Three of the members shall be at the time
of appointment licensed real estate brokers, two of the members shall be
at the time of appointment licensed real estate [salespersons] agents and
three of the members shall be public members. Not more than a bare
majority of the commission shall be members of the same political party
and there shall be at least one member from each congressional district.
Sec. 6. Subsection (e) of section 20 -312 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective January
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1, 2027):
(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. Eac h 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 r enewal, 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] agent 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] agent; 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 tim ely files accurate
registration forms and registration updates with the department
pursuant to this subsection; and
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(3) The name and contact information for each real estate broker or
real estate [salesperson] agent who is part of such team.
Sec. 7. Section 20 -312a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective January 1, 2027):
In any action brought by a third party against a real estate
[salesperson] agent affiliated with a real estate broker as an independent
contractor, such broker shall be liable to the same extent as if such
affiliate had been employed as a real estate [salesperson] agent by such
broker.
Sec. 8. Subsection (b) of section 20 -312c of the general statutes is
repealed and the following is substituted in lieu thereof (Effective January
1, 2027):
(b) Each supervising licensee shall be responsible for the actions of
the associate brokers who are under such supervising licensee's control
and supervision to the same extent that such supervising licensee would
be responsible for such associate brokers if such associate brokers were
real estate [salespersons] agents affiliated with such supervising
licensee.
Sec. 9. Section 20 -314 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective January 1, 2027):
(a) Licenses shall be granted under this chapter only to persons who
bear a good reputation for honesty, truthfulness and fair dealing and
who are competent to transact the business of a real estate broker or real
estate [salesperson] agent in such manner as to safeguard the interests
of the public.
(b) Each application for a license or for a renewal thereof shall be
made in writing, on such forms and in such manner as is prescribed by
the department.
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(c) In order to determine the competency of any applicant for a real
estate licensee's license, the commission or Commissioner of Consumer
Protection shall, on payment of an application fee of one hundred
twenty dollars by an applicant for a real estate broker 's license or an
application fee of eighty dollars by an applicant for a real estate
[salesperson's] agent's license, subject such applicant to personal written
examination as to the applicant's competency to act as a real estate
broker or real estate [salesperson] agent, as the case may be. Each
examination shall be prepared by the department or by a national
testing service designated by the commissioner and shall be
administered to applicants by the department or by such testing service
at such times and places as the commissioner may deem necessary. The
commission or commissioner may waive the uniform portion of the
written examination requirement in the case of an applicant who has
taken the national testing service examination in another state with in
two years from the date of application and has received a score deemed
satisfactory by the commission or commissioner. The commissioner
shall adopt regulations, in accordance with chapter 54, establishing
passing scores for examinations. In addition to such application fee,
applicants taking the examination administered by a national testing
service shall be required to pay directly to such testing service an
examination fee covering the cost of such examination. Each payment of
such application fee shall entitle the applicant to take such examination
within the one-year period from the date of payment.
(d) (1) Each applicant shall, before being admitted to such
examination, prove to the satisfaction of the commission or the
Commissioner of Consumer Protection that the applicant (A) (i) has
been actively engaged as a licensed real estate [salesperson] agent under
the supervision of a supervising licensee, who is licensed in this state,
for a minimum period of three years immediately preceding the date the
applicant filed such applicant's application, during which period such
[salesperson] agent engaged in the real estate business for at least one
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thousand five hundred hours and such supervising licensee, or such
supervising licensee's authorized representative, has certified the
accuracy of a record of such applicant's active engagement on a form
provided by such applicant to such supervising licen see or authorized
representative, (ii) has successfully completed a course approved by the
commission or commissioner in real estate principles and practices of at
least sixty classroom hours of study, (iii) has successfully completed a
course approved by the commission or commissioner in real estate legal
compliance consisting of at least fifteen classroom hours of study, (iv)
has successfully completed a course approved by the commission or
commissioner in real estate brokerage principles and practices
consisting of at least fifteen classroom hours, (v) has successfully
completed two elective courses, each consisting of fifteen classroom
hours of study, as prescribed by the commission or commissioner, and
(vi) has represented a seller, buyer, lessor or les see in at least four real
estate transactions that closed during the three years immediately
preceding the date on which such applicant filed such applicant's
application, or (B) has equivalent experience or education as determined
by the commission or com missioner. Each supervising licensee, or
authorized representative of such supervising licensee, shall certify the
accuracy or inaccuracy of a record provided by an applicant to such
supervising licensee or authorized representative under subparagraph
(A)(i) of this subdivision not later than ninety days after such applicant
provides such record to such supervising licensee or authorized
representative.
(2) The commission or the commissioner shall waive the elective
courses under subparagraph (A)(v) of subdivision (1) of this subsection
if the applicant has successfully completed at least twenty real estate
transactions within five years immediately preceding the date of
application.
(3) Each applicant for a real estate [salesperson's] agent's license shall,
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before being admitted to such examination, prove to the satisfaction of
the commission or the commissioner that the applicant (A) has
successfully completed a course approved by the commission or
commissioner in real estate principles and practices consisting of at least
sixty classroom hours of study, or (B) has equivalent experience or
education as determined by the commission or commissioner.
(e) The provisions of subsections (c) and (d) of this section shall not
apply to any renewal of a real estate broker's license, or a real estate
[salesperson's] agent's license issued prior to October 1, 1973.
(f) All licenses issued under the provisions of this chapter shall expire
biennially. At the time of application for a real estate broker's license,
there shall be paid to the department, for each individual applicant and
for each business entity, the sum of o ne thousand one hundred thirty
dollars, and for the biennial renewal thereof, the sum of seven hundred
fifty dollars, except that for licenses expiring on March 31, 2022, a
prorated renewal fee shall be charged to reflect the fact that the March
2022, rene wal shall expire on November 30, 2023. At the time of
application for a real estate [salesperson's] agent's license, there shall be
paid to the department five hundred seventy dollars and for the biennial
renewal thereof the sum of five hundred seventy dollars. Six dollars of
each such biennial renewal fee shall be payable to the Real Estate
Guaranty Fund estab lished pursuant to section 20 -324a. A real estate
broker's license issued to any business entity shall entitle the designated
broker, upon compliance with the terms of this chapter, but without the
payment of any further fee, to perform all of the acts of a real estate
broker under this chapter on behalf of such business entity. Any license
which expires and is not renewed on or before the ninetieth da y
following the expiration date of such license may be reinstated by the
commission or department, in the commission's or department's
discretion, provided such license has expired for less than three years
and the former licensee (1) attests that such former licensee did not work
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in this state in the occupation or profession in which such former
licensee was licensed while such former licensee's license was lapsed,
(2) pays the renewal fee due for such license for the year in which such
license is reinstated, and (3) completes any continuing education
required for such license for the year preceding such reinstatement. If
an applicant for reinstatement worked in this state in the occupation or
profession in which such applicant was formerly licensed while such
license was lapsed, th e applicant shall pay all license and late fees due
and owing for the lapse period and demonstrate that such applicant has
completed all continuing education required for such license for the
year preceding such reinstatement. Such late fees shall be asses sed for
each real estate broker's license in the amount of three hundred seventy-
five dollars and for each real estate [salesperson's] agent's license in the
amount of two hundred eighty -five dollars for each year or fraction
thereof from the date of expiration of the previous license to the date of
payment for reinstatement. If a license has lapsed for at least three years,
the former licensee is ineligible for reinstatement under this subsection
and may apply for a new license. Notwithstanding any contrar y
provision of this subsection, a former licensee whose license expired
after such former licensee entered military service shall be reinstated
without payment of any fee if an application for reinstatement is filed
with the commission or department before the third anniversary of such
expiration date, and the former licensee provides evidence that is
sufficient to demonstrate to the commission or department that such
former licensee completed at least six hours of continuing education for
such license, inc luding, but not limited to, the mandatory continuing
education required for such license, during the calendar year preceding
the date on which such application for reinstatement is filed. Any such
reinstated broker's license shall expire on the next succee ding
November thirtieth. Any such reinstated real estate [salesperson's]
agent's license shall expire on the next succeeding May thirty-first.
(g) Following a denial of a license or license renewal application filed
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under this section, the department shall send a notice to the applicant
who filed such application disclosing such denial and that such
applicant may request a hearing by submitting to the Commissioner of
Consumer Protection a written hearing request not later than thirty days
after the date such denial notice was sent to such applicant. If the
applicant requests a hearing during such thirty -day period, the
department shall send a notice to such applicant disclosing the grounds
for such denial and conduct a hearing concerning such denial in
accordance with the provisions of chapter 54. If the commissioner's
denial is sustained after such hearing, the applicant may file a new
application for such license or license renewal not sooner than one year
after the date on which such denial was sustained.
Sec. 10. Subsection (a) of section 20 -319a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective January
1, 2027):
(a) Each licensed real estate [salesperson] agent or associate broker
who transfers such real estate [salesperson's] agent's or associate
broker's affiliation with a broker or property owner shall register such
transfer with, and pay a registration fee of twenty -five dollars to, the
department.
Sec. 11. Section 20 -324l of the general statutes is repealed and the
following is substituted in lieu thereof (Effective January 1, 2027):
No leasing agent shall engage in the real estate business except for
leasing or renting real property that is exclusively used for residential
occupancy. Leasing agents shall not engage in any activity that requires
a real estate broker's or real estate [salesperson's] agent's license,
including, but not limited to, selling, offering, listing, negotiating,
referring or showing for sale, entering into lease -to-own agreements or
leasing commercial real estate. A leasing agent shall be employed by a
development owner. A leasing agent shall not offer leasing services for
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any person that is not a development owner. No leasing agent shall
engage in the real estate business concerning any property other than
on behalf of the owner of record of a multiunit development that
employs such leasing agent. A leasing agent shall obta in a written
contract from the development owner to demonstrate such employment
prior to engaging in any leasing activity at such development. Such
contract shall be made available to the department, and produced by the
leasing agent in an electronic form, upon a request by the department
for such contract.
Sec. 12. Subsection (q) of section 20 -325a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective January
1, 2027):
(q) The provisions of subsections (a) and (b) of this section shall not
apply to any (1) person excepted from the provisions of this chapter by
section 20-329 with respect to any acts performed by the person which
are included in such exception; or (2) real es tate broker or real estate
[salesperson] agent who has provided services to the federal
government, any political subdivision thereof, or any corporation,
institution or quasi -governmental agency chartered by the federal
government.
Sec. 13. Subsection (b) of section 20 -325c of the general statutes is
repealed and the following is substituted in lieu thereof (Effective January
1, 2027):
(b) Any disclosure made pursuant to subsection (a) of this section
shall be made to and acknowledged by the buyer prior to the time the
buyer signs a contract with the real estate licensee for mortgage
brokering services. Such disclosure shall include the foll owing notice
printed in at least ten-point boldface capital letters:
I UNDERSTAND THAT THE REAL ESTATE BROKER OR
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Public Act No. 26-23 19 of 52
[SALESPERSON] AGENT IN THIS TRANSACTION HAS OFFERED
TO ASSIST ME IN FINDING A MORTGAGE LOAN. ADDITIONALLY,
I UNDERSTAND THAT THIS REAL ESTATE BROKER OR
[SALESPERSON] AGENT DOES NOT REPRESENT ANY
PARTICULAR MORTGAGE LENDER AND WILL ATTEMPT TO
OBTAIN THE BEST TERMS AVAILABLE WITHIN THE MORTGAGE
LOAN MARKET FOR MY SPECIFIC HOME FINANCING NEEDS. IF
THE REAL ESTATE BROKER OR [SALESPERSON] AGENT DOES
NOT FULFILL [HIS] SUCH BROKER'S OR AGENT'S FIDUCIARY
OBLIGATION I MAY FILE A COMPLAINT WITH THE
DEPARTMENT OF BANKING. I ALSO UNDERSTAND THAT I MAY
ATTEMPT TO FIND A MORTGAGE LOAN TO FINANCE THE
PURCHASE OF MY HOME WITHOUT THE ASSISTANCE OF THE
REAL ESTATE BROKER OR [SALESPERSON] AGENT IN WHICH
CASE I WILL NOT BE OBLIGATED TO PAY A FEE TO THE REAL
ESTATE BROKER OR [SALESPERSON] AGENT.
Sec. 14. Section 20 -325l of the general statutes is repealed and the
following is substituted in lieu thereof (Effective January 1, 2027):
(a) An out -of-state broker may perform acts with respect to a
commercial real estate transaction that require a license under this
chapter, provided the out-of-state broker:
(1) Works in cooperation with a licensed broker, whether in a
cobrokerage, referral or other cooperative agreement or arrangement;
(2) Enters into a written agreement with a licensed broker that
includes the terms of cooperation and any compensation to be paid by
the licensed broker and a statement that the out-of-state broker and the
out-of-state broker's agents will comply with the laws of this state;
(3) Provides the licensed broker a copy of the out -of-state broker's
license or other proof of licensure from the states where the out-of-state
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Public Act No. 26-23 20 of 52
broker maintains a license as a real estate broker;
(4) Deposits all escrow funds, security deposits, and other money
received pursuant to the commercial real estate transaction to be held as
provided in section 20 -324k unless the agreement required in
subdivision (2) of this subsection specifies otherwise;
(5) Complies with the laws of this state with respect to the transaction;
and
(6) Is credentialled as a real estate broker in another state.
(b) An out-of-state [salesperson] agent may perform acts with respect
to a commercial real estate transaction that require a license as a real
estate [salesperson] agent under this chapter, provided the out -of-state
[salesperson] agent complies with the laws of this state with respect to
the transaction and:
(1) Works under the direct supervision of an out-of-state broker who
meets the requirements set forth in subdivisions (1), (5) and (6) of
subsection (a) of this section; and
(2) Provides the licensed broker who is working in cooperation with
the out-of-state broker a copy of the out -of-state [salesperson's] agent's
license or other proof of licensure from the states where the out-of-state
[salesperson] agent maintains a license as a real estate [salesperson]
agent.
(c) Any out -of-state broker or out -of-state [salesperson] agent
licensed in a state that has no distinction between a real estate broker
license and a real estate [salesperson] agent license shall be subject to the
requirements of subsection (a) of this section with regard to any
commercial real estate transaction in this state.
(d) Each out-of-state broker or out -of-state [salesperson] agent that
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Public Act No. 26-23 21 of 52
advertises for sale commercial real estate pursuant to this section shall
include in any advertising material the name of the licensed broker with
whom the out -of-state broker has a written agreement pursuant to
subdivision (2) of subsection (a) of this se ction. Nothing in this section
shall permit an out-of-state broker or out-of-state [salesperson] agent to
accompany a prospective buyer at the site of commercial real estate
pursuant to a real estate transaction in this state.
(e) An out-of-state real estate licensee may receive compensation for
referring to a real estate licensee in this state a prospective party to a real
estate transaction in this state.
Sec. 15. Section 20-327b of the 2026 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective
January 1, 2027):
(a) Except as otherwise provided in this section, each person who
offers residential property in the state for sale, exchange or for lease with
option to buy, shall provide a written residential condition report or
reports to the prospective purchaser at any time prior to the prospective
purchaser's execution of any binder, contract to purchase, option or
lease containing a purchase option. A photocopy, duplicate original,
facsimile transmission or other exact reproduction or duplicate of the
written residentia l condition report or reports containing the
prospective purchaser's written receipt shall be attached to any written
offer, binder or contract to purchase. A photocopy, duplicate original,
facsimile transmission or other exact reproduction or duplicate of the
written residential condition report or reports containing the signatures
of both seller and purchaser shall be attached to any agreement to
purchase the property.
(b) The following shall be exempt from the provisions of this section:
(1) Any transfer from one or more co -owners solely to one or more of
the co-owners; (2) transfers made to the spouse, mother, father, brother,
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Public Act No. 26-23 22 of 52
sister, child, grandparent or grandchild of the transferor where no
consideration is paid; (3) transfers of newly-constructed residential real
property for which an implied warranty is provided under chapter 827;
(4) transfers made by executors, administrators, trustees or
conservators; (5) transfers by the federal government, any political
subdivision thereof or any corporation, institution or quasi -
governmental agency chartered by the federal government; (6) transfers
by this state; (7) except as provided in subsections (g) and (h) of this
section, transfers by any political subdivision of this state; (8) transfers
of property which was the subject of a contract or option entered into
prior to January 1, 1996; and (9) except as provided in subsections (g)
and (h) of this section, any transfer of property acquired by a judgment
of strict foreclosure or by foreclosure by sale or by a deed in lieu of
foreclosure.
(c) The provisions of this section shall apply only to transfers by sale,
exchange or lease with option to buy, of residential real property
consisting of not less than one nor more than four dwelling units which
shall include cooperatives and condominiums, an d shall apply to all
transfers, with or without the assistance of a licensed real estate broker
or [salesperson] agent, as defined in section 20-311, as amended by this
act.
(d) The Commissioner of Consumer Protection shall, within available
appropriations, prescribe the written residential condition reports
required by this section and sections 20 -327c to 20-327e, inclusive. The
written residential condition reports shall be based upon templates that
the commissioner shall prescribe. Such templates shall: Fit on pages
being not more than eight and one -half inches in height and eleven
inches in width, with type size no smaller than nine -point type, other
than checkboxes or sect ion headers, which may be in a smaller size;
include the address of the subject property on each page; include page
numbers on each page; include section headings in bold type and
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Public Act No. 26-23 23 of 52
include space for the buyer and the seller's initials on each page, except
the signature page. Each written residential condition report, other than
the written residential condition report required pursuant to
subsections (g) and (h) of this section, shall contain the following, in the
order indicated:
(1) A section entitled "Instructions to Sellers"
You MUST answer ALL questions to the best of your knowledge.
Identify/Disclose any problems regarding the subject property.
YOUR REAL ESTATE LICENSEE CANNOT COMPLETE THIS
FORM ON YOUR BEHALF.
UNK means Unknown, N/A means Not Applicable.
If you need additional space to complete any answer or explanation,
attach additional page(s) to this form. Include subject property address,
seller's name and the date.
(2) Pursuant to the Uniform Property Condition Disclosure Act, the
seller is obligated to answer the following questions and to disclose
herein any knowledge of any problem regarding the following:
(A) A subsection entitled "Subject Property"
(i) Name of seller(s)
(ii) Street address, municipality, zip code
(B) A subsection entitled "General Information"
(i) Indicate the YEAR the structure was built:
(ii) Indicate HOW LONG you have occupied the property: If not
applicable, indicate with N/A.
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Public Act No. 26-23 24 of 52
(iii) Does anyone else claim to own any part of your property,
including, but not limited to, any encroachment(s)? If YES, explain:
(iv) Does anyone other than you have or claim to have any right to
use any part of your property, including, but not limited to, any
easement or right-of-way? If YES, explain:
(v) Is the property in a flood hazard area or an inland wetlands area?
If YES, explain:
(vi) Are you aware of the presence of a dam on the property that has
been or is required to be registered with the Department of Energy and
Environmental Protection? If YES, explain:
(vii) Do you have any reason to believe that the municipality in which
the subject property is located may impose any assessment for purposes
such as sewer installation, sewer improvements, water main
installation, water main improvements, sidewalks or other
improvements? If YES, explain:
(viii) Is the property located in a municipally designated village
district, municipally designated historic district or listed on the National
Register of Historic Places? If YES, explain:
(ix) Special Statement: Information concerning village districts and
historic districts may be obtained from the municipality's village or
historic district commission, if applicable.
(x) Is the property located in a special tax district? If YES, explain:
(xi) Is the property subject to any type of land use restrictions, other
than those contained within the property's chain of title or that are
necessary to comply with state laws or municipal zoning? If YES,
explain:
(xii) Is the property located in a common interest community? If YES,
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Public Act No. 26-23 25 of 52
is it subject to any community or association dues or fees? Please
explain:
(xiii) Do you have any knowledge of prior or pending litigation,
government agency or administrative actions, orders or liens on the
property related to the release of any hazardous substance? If YES,
explain:
(C) A subsection entitled "Leased Equipment"
Does the property include any Leased or Rented Equipment that
would necessitate or obligate either of the following: The assignment or
transfer of the lease or rental agreement(s) to the buyer or the
replacement or substitution of the equipment by the buye r? If YES,
indicate by checking ALL items that apply: PROPANE FUEL TANK;
WATER HEATER; SECURITY ALARM SYSTEM; FIRE ALARM
SYSTEM; SATELLITE DISH ANTENNA; WATER TREATMENT
SYSTEM; SOLAR DEVICES; MAJOR APPLIANCES; OTHER
(D) A subsection entitled "Mechanical/Utility Systems"
(i) Heating system problems? If YES, explain. List Fuel Types.
(ii) Hot water heater Type: Age: Hot water problems? If YES, explain:
(iii) Is there an underground storage tank? If YES, give AGE of tank
and LOCATION.
(iv) Are you aware of any problems with the underground storage
tank? If YES, explain:
(v) During the time you have owned the property, has there ever been
an underground storage tank located on the property? If YES, has it been
removed? If YES, what was the date of removal and what was the name
and address of the person or business who removed such underground
storage tank? Provide any and all written documentation of such
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Public Act No. 26-23 26 of 52
removal within your control or possession by attaching a copy of such
documentation to this form.
(vi) Air conditioning problems? If YES, explain: Air conditioning
Type: Central; Window; Other
(vii) Plumbing system problems? If YES, explain:
(viii) Electrical System problems? If YES, explain:
(ix) Electronic security system problems? If YES, explain:
(x) Are there carbon monoxide or smoke detectors located in a
dwelling on the property? If YES, state the NUMBER of such detectors
and whether there have been problems with such detectors;
(xi) Fire sprinkler system problems? If YES, explain:
(E) A subsection entitled "Water System"
(i) Domestic Water System Type: Public; Private Well; Other
(ii) If Public Water:
(I) Is there a separate expense/fee for water usage? If YES, is the
expense/fee for water usage flat or metered? Give the AMOUNT and
explain:
(II) Are there any UNPAID water charges? If YES, state the amount
unpaid:
(iii) If Private Well:
Has the well water been tested for contaminants/volatile organic
compounds? If YES, attach a copy of the report.
(iv) If Public Water or Private Well: Are you aware of any problems
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Public Act No. 26-23 27 of 52
with the well, or with the water quality, quantity, recovery, or pressure?
If YES, explain:
(F) A subsection entitled "Sewage Disposal System"
(i) Sewage Disposal System Type: Public; Septic; Cesspool; Other
(ii) If Public Sewer:
(I) Is there a separate charge made for sewer use? If YES, is it Flat or
Metered?
(II) If it is a Flat amount, state amount and due dates:
(III) Are there any UNPAID sewer charges? If any unpaid sewer
charges, state the amount:
(iii) If Private:
(I) Name of service company
(II) Date last pumped: AND frequency:
(III) For any sewage system, are there problems? If YES, explain:
(G) A subsection entitled "Asbestos/Lead"
(i) Are asbestos containing insulation or building materials present?
If YES, location:
(ii) Is lead paint present? If YES, location:
(iii) Is lead plumbing present? If YES, location:
(H) A subsection entitled "Building/Structure/Improvements"
(i) Is the foundation made of concrete? If NO, explain:
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Public Act No. 26-23 28 of 52
(ii) Foundation/Slab problems or settling? If YES, explain:
(iii) Basement Water Seepage/Dampness? If YES, explain Amount,
Frequency and Location:
(iv) Sump pump problems? If YES, explain:
(v) Do you have any knowledge of any testing or inspection done by
a licensed professional related to a foundation on the property? If YES,
disclose the testing or inspection method, the areas or locations that
were tested or inspected, the results of such testing or inspection and
attach a copy of the report concerning such testing or inspection.
(vi) Do you have any knowledge of any repairs related to a
foundation on the property? If YES, describe such repairs, disclose the
areas repaired and attach a copy of the report concerning such repairs.
(vii) Do you have any knowledge related to the presence of pyrrhotite
in a foundation on the property? If YES, explain:
(viii) Roof type; Age?
(ix) Roof leaks? If YES, explain:
(x) Exterior siding problems? If YES, explain:
(xi) Chimney, Fireplace, Wood or Coal Stove problems? If YES,
explain:
(xii) Patio/deck problems? If YES, explain:
(xiii) If constructed of Wood, is the Wood Treated or Untreated?
(xiv) Driveway problems? If YES, explain:
(xv) Water drainage problems? If YES, explain:
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Public Act No. 26-23 29 of 52
(xvi) Interior Floor, Wall and/or Ceiling problems? If YES, explain:
(xvii) Fire and/or Smoke damage? If YES, explain:
(xviii) Termite, Insect, Rodent or Pest Infestation problems? If YES,
explain:
(xix) Rot or Water damage problems? If YES, explain:
(xx) Is house insulated? If YES, Type: Location:
(xxi) Has a test for Radon been performed? If YES, attach a copy of
the report.
(xxii) Is there a Radon Control System in place? If YES, explain:
(xxiii) Has a Radon control system been in place in the previous 12
months? If YES, explain:
(I) A subsection entitled "Flood Risk Awareness"
(i) Is the property located in a Federal Emergency Management
Agency designated floodplain? If YES, which zone:
(ii) During the time that the seller has owned the property, has the
seller received assistance or is the seller aware of any previous owners
receiving assistance from the Federal Emergency Management Agency,
the United States Small Business Administration or any other federal or
state disaster assistance program for flood damage to the property?
(iii) Is there a current flood insurance policy in effect on the property?
(iv) Is a Federal Emergency Management Agency elevation certificate
available?
(v) Has the seller ever filed a claim for flood damage to the property?
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Public Act No. 26-23 30 of 52
(vi) If there is a structure on the property, has the structure
experienced any water penetration or damage due to seepage or a
natural flood event?
(J) The Seller should attach additional pages to further explain any
item(s) above. Indicate here the number of additional pages attached:
(K) Questions contained in subparagraphs (A) to (J), inclusive, of this
subdivision shall contain checkboxes indicating "yes", "no", "not
applicable" or "unknown".
(3) The written residential condition report shall contain the
following immediately below the questions contained in subparagraphs
(A) to (I), inclusive, of subdivision (2) of this subsection:
A certification by the seller in the following form:
SELLER'S CERTIFICATION
"To the extent of the seller's knowledge as a property owner, the seller
acknowledges that the information contained above is true and accurate
for those areas of the property listed. In the event a real estate broker or
[salesperson] agent is utilized, the seller authorizes the brokers or
[salespersons] agents to provide the above information to prospective
buyers, selling agents or buyers' agents.
.... (Date) .... (Seller)
.... (Date) .... (Seller)"
(4) The written residential condition report shall contain the
following in a separate section immediately below the seller's
certification:
IMPORTANT INFORMATION
(A) RESPONSIBILITIES OF REAL ESTATE BROKERS
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Public Act No. 26-23 31 of 52
This report in no way relieves a real estate broker of the broker's
obligation under the provisions of section 20 -328-5a of the Regulations
of Connecticut State Agencies to disclose any material facts. Failure to
do so could result in punitive action taken against the broker, such as
fines, suspension or revocation of license.
(B) STATEMENTS NOT TO CONSTITUTE A WARRANTY
Any representations made by the seller on the written residential
condition report shall not constitute a warranty to the buyer.
(C) NATURE OF REPORT
This Residential Property Condition Report is not a substitute for
inspections, tests and other methods of determining the physical
condition of property.
(D) INFORMATION ON THE RESIDENCE OF CONVICTED
FELONS
Information concerning the residence address of a person convicted
of a crime may be available from law enforcement agencies or the
Department of Public Safety.
(E) BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY
Prospective buyers should consult with the municipal building
official in the municipality in which the property is located to confirm
that building permits and certificates of occupancy have been issued for
work on the property.
(F) HOME INSPECTION
Buyers should have the property inspected by a licensed home
inspector.
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Public Act No. 26-23 32 of 52
(G) CONCRETE FOUNDATION
Prospective buyers may have a concrete foundation inspected by a
licensed professional engineer who is a structural engineer for
deterioration of the foundation due to the presence of pyrrhotite.
(H) DAM
Information concerning the registration and categorization of a dam
on the property may be obtained from the Department of Energy and
Environmental Protection.
(I) FLOOD INSURANCE, FLOOD MAPS AND FLOOD RISK
Federal law requires owners to obtain and maintain flood insurance
for properties financed with a federally regulated or insured mortgage
in a Special Flood Hazard Area, also known as a high -risk zone on
FEMA's flood insurance rate maps. In addition, for properties that have
previously received federal disaster assistance, owners are required to
obtain and maintain flood insurance as a condition to be eligible for
future assistance. This requirement affixes to the property and applies
to all future owners. FEMA flood maps are not designed, nor intended
to be, a reliable tool for buyers to assess a property's flood risk. A
property does not have to be near water or in a flood zone to flood. For
additional information on obtaining important flood insurance, contact
an insurance professional.
Information concerning the registration and categorization of a dam
on the property may be obtained from the Department of Energy and
Environmental Protection.
(5) The written residential condition report shall contain the
following immediately below the statements contained in
subparagraphs (A) to (H), inclusive, of subdivision (4) of this subsection:
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Public Act No. 26-23 33 of 52
A certification by the buyer in the following form:
BUYER'S CERTIFICATION
"The buyer is urged to carefully inspect the property and, if desired,
to have the property inspected by an expert. The buyer understands that
there are areas of the property for which the seller has no knowledge
and that this report does not encompass those areas. The buyer also
acknowledges that the buyer has read and received a signed copy of this
report from the seller or seller's agent.
.... (Date) .... (Buyer)
.... (Date) .... (Buyer)"
(e) On or after January 1, 1996, the Commissioner of Consumer
Protection shall make available the written residential condition reports
prescribed in accordance with the provisions of this section and sections
20-327c to 20-327e, inclusive, to the Division of Real Estate, all municipal
town clerks, the Connecticut Association of Realtors, Inc., and any other
person or institution that the commissioner believes would aid in the
dissemination and distribution of such forms. The commissioner shall
also cause infor mation concerning such forms and the completion of
such forms to be disseminated in a manner best calculated, in the
commissioner's judgment, to reach members of the public, attorneys
and real estate licensees.
(f) Any written residential condition report prescribed in accordance
with the provisions of this section and sections 20 -327c to 20 -327e,
inclusive, shall take effect for new listings thirty days following posting
of the notice regarding such report on the Department of Consumer
Protection's Internet web site.
(g) In any transfer of residential real property that is located in a
municipality that the Capitol Region Council of Governments
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Public Act No. 26-23 34 of 52
determines is affected, or potentially affected, by crumbling foundations
and was acquired by a political subdivision of this state or was acquired
by a judgment of strict foreclosure or by foreclosure by sale or by a deed
in lieu of foreclosure, the owner or political subdivision shall, through a
written residential condition report described in subsection (h) of this
section, disclose to the prospective purchaser of such real property, at
any time prior to the prospective purchaser's execution of any bind er,
contract to purchase, option or lease containing a purchase option, any
facts that are within such owner's or political subdivision's actual
knowledge concerning:
(1) The presence of pyrrhotite in any concrete foundation on such
property;
(2) Any damage or deterioration in any concrete foundation on such
property, including, but not limited to, any damage or deterioration
caused by the presence of pyrrhotite in any foundation on such
property; and
(3) Any repairs or remediation to any concrete foundation on such
property.
(h) In any transfer of residential real property that is located in a
municipality that the Capitol Region Council of Governments
determines is affected, or potentially affected, by crumbling foundations
and was acquired by a political subdivision of this state or was acquired
by a judgment of strict foreclosure or by foreclosure by sale or by a deed
in lieu of foreclosure, the owner or political subdivision shall satisfy the
provisions of subsection (g) of this section through a written residential
condition report prescribed by the Commissioner of Consumer
Protection pursuant to subsection (d) of this section, which report shall
be entitled "Residential Foundation Condition Report" and exclusively
contain the following in the following order:
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Public Act No. 26-23 35 of 52
(1) A section entitled "Instructions to Sellers"
You MUST answer ALL questions based on your knowledge. You are
not required to undertake investigations or inspections of the
foundation to verify your answers.
YOUR REAL ESTATE LICENSEE CANNOT COMPLETE THIS
FORM ON YOUR BEHALF.
UNK means Unknown, N/A means Not Applicable.
If you need additional space to complete any answer or explanation,
attach additional page(s) to this form. Include subject property address,
seller's name and the date.
(2) Pursuant to the Uniform Property Condition Disclosure Act, the
seller is obligated to answer the following questions and to disclose
herein any knowledge of any problem regarding the following:
(A) A subsection entitled "Subject Property"
(i) Name of seller(s)
(ii) Street address, municipality, zip code
(B) A subsection entitled "Information About the Foundation"
(i) Do you have any knowledge related to the presence of pyrrhotite
in any concrete foundation on the subject property? If YES, explain:
(ii) Are you aware of any damage or deterioration in any concrete
foundation on the subject property, including, but not limited to, any
damage or deterioration caused by the presence of pyrrhotite in any
concrete foundation on the property? If YES, explain:
(iii) Are you aware of any repairs or remediation to any concrete
foundation on the subject property? If YES, explain:
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Public Act No. 26-23 36 of 52
(3) In a separate section immediately below the questions contained
in subdivision (2) of this subsection, the following information in the
following form:
IMPORTANT INFORMATION
(A) RESPONSIBILITIES OF REAL ESTATE BROKERS
This report in no way relieves a real estate broker of the broker's
obligation under the provisions of section 20 -328-5a of the Regulations
of Connecticut State Agencies to disclose any material facts. Failure to
do so could result in punitive action taken against the broker, such as
fines, suspension or revocation of license.
(B) STATEMENTS NOT TO CONSTITUTE A WARRANTY
Any representations made by the seller in this residential foundation
condition report shall not constitute a warranty to the buyer.
(C) NATURE OF REPORT
This report is not a substitute for inspections, tests and other methods
of determining the physical condition of the foundation. Prospective
buyers may have a concrete foundation inspected by a licensed
professional engineer for deterioration of the found ation due to the
presence of pyrrhotite.
(4) Immediately following the information contained in subdivision
(3) of this subsection, a certification by the buyer in the following form:
BUYER'S CERTIFICATION
"The buyer is urged to carefully inspect the foundation and, if
desired, to have the foundation inspected by an expert. The buyer
understands that there are parts of the property, including the
foundation, for which the seller has no knowledge and that thi s report
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Public Act No. 26-23 37 of 52
does not encompass those parts. The buyer also acknowledges that the
buyer has read and reviewed a signed copy of this report from the seller
or the seller's agent.
.... (Date) .... (Buyer)
.... (Date) .... (Buyer)"
(5) Immediately below the buyer's certification, a certification by the
seller in the following form:
SELLER'S CERTIFICATION
"To the extent of the seller's knowledge as an owner of a property
acquired through foreclosure or deed in lieu of foreclosure, the seller
acknowledges that the information contained above is true and
accurate. In the event a real estate broker or [salesperson] agent is
utilized, the seller authorizes the broker or [salesperson] agent to
provide the above information to prospective buyers, selling agents or
buyers' agents.
.... (Date) .... (Seller)
.... (Date) .... (Seller)"
Sec. 16. Subsection (b) of section 20 -327i of the general statutes is
repealed and the following is substituted in lieu thereof (Effective January
1, 2027):
(b) Except as provided in subsection (c) of this section, if a real estate
licensee engages in the real estate business and acts as an interpreter for
a buyer or renter in conducting a transaction or negotiations, the real
estate licensee shall provide to the buyer or renter, and obtain the
buyer's or renter's signature on, a form containing the following
language written in the buyer's or renter's native language:
"This real estate transaction or these negotiations were conducted in
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Public Act No. 26-23 38 of 52
(buyer's or renter's native language), which is my native language. I
voluntarily choose to have the Real Estate [(Broker/Salesperson)]
(Broker/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."
Sec. 17. Subdivision (5) of section 20 -329a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective January
1, 2027):
(5) ["Salesperson"] "Agent" means any person duly licensed as a real
estate [salesperson] agent under this chapter;
Sec. 18. Subsection (g) of section 20 -329hh of the general statutes is
repealed and the following is substituted in lieu thereof (Effective January
1, 2027):
(g) No real estate [salesperson] agent or team member shall engage
in the real estate business while the supervising licensee that is
responsible for controlling and supervising such [salesperson] agent or
team is deceased or incapacitated unless a custodial broker has been
appointed for such supervising licensee.
Sec. 19. Subdivision (6) of section 20 -329aaa of the 2026 supplement
to the general statutes is repealed and the following is substituted in lieu
thereof (Effective January 1, 2027):
(6) ["Real estate salesperson"] "Real estate agent" has the same
meaning as provided in section 20-311, as amended by this act;
Sec. 20. Subdivision (2) of subsection (a) of section 20 -329bbb of the
2026 supplement to the general statutes is repealed and the following is
substituted in lieu thereof (Effective January 1, 2027):
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(2) A person may simultaneously hold a real estate broker license or
real estate [salesperson] agent license under chapter 392 and a real estate
wholesaler registration issued pursuant to this section.
Sec. 21. Subparagraph (A) of subdivision (4) of subsection (b) of
section 20 -329eee of the 2026 supplement to the general statutes is
repealed and the following is substituted in lieu thereof (Effective January
1, 2027):
(A) The following language:
"Notice to Sellers: What to Know About Wholesale Transactions
If you are considering selling your property through a wholesale
transaction, please be aware of the following:
1. The real estate wholesaler may not be the person or entity
purchasing your property, and you may be granting them the right to
sell your property to another person or entity.
2. During the contract period, the real estate wholesaler may market
your property for sale.
3. A real estate wholesaler may reasonably expect or intend to make
a profit, or receive compensation through an assignment fee, from
selling, assigning or transferring their interest in the real estate
wholesale contract.
4. As the seller, the terms of your agreement with a real estate
wholesaler may provide the real estate wholesaler with the ability to
make decisions to reject or accept an offer to purchase your property
without your knowledge or consent during the term o f the real estate
wholesale contract.
5. The assessed value of a property, as assessed by a town, is not the
same as the fair market value of the property, and may be significantly
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less than the fair market value of the property.
6. You are advised and have the right to investigate the fair market
value of your property before signing a real estate wholesale contract.
The sale price of your property is negotiable.
7. You may, in your discretion and at your expense, have an attorney
or other advisor review the terms of a real estate wholesale contract, or
have an appraiser assess the value of your property.
8. You may cancel a real estate wholesale contract during the three -
business-day period beginning when you enter into the contract
without providing any reason or incurring any penalty or obligation,
except to return any deposit the real estate wholesaler paid to you.
9. If the real estate wholesaler is a real estate broker or a real estate
[salesperson] agent, the real estate wholesaler must disclose to you who
he or she represents and what fiduciary duties, if any, are owed to you
in the wholesale transaction.
10. As the seller, you are required to provide certain property
condition and lead paint disclosures under state and federal law. These
disclosures must be completed as part of the transaction.
11. A real estate wholesale contract may not have a closing date that
is more than ninety days after all parties sign the contract. However, you
may agree to extend the ninety-day period, provided the extension is in
writing and signed by you and the real estate wholesaler. If you do not
extend the contract, the contract will automatically terminate at the end
of the ninety-day period.
Please read the terms in the real estate wholesale contract to
understand all of your rights and obligations thereunder, including:
(A) How prospective purchasers of your property may have access to
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your property for showings, inspections or for other transactional
details;
(B) What additional costs you may be charged at the time of closing,
such as a seller's conveyance tax or other closing-related fees; and
(C) If you have any right to cancel the contract prior to closing in
addition to your right to cancel the contract during the three -business-
day period beginning when you enter into the contract.
All sellers in real estate transactions should consult with appropriate
professionals to understand their rights and obligations and the various
implications of a real estate transaction.".
Sec. 22. Subsection (a) of section 20 -417j of the general statutes is
repealed and the following is substituted in lieu thereof (Effective January
1, 2027):
(a) Sections 20 -417a to 20 -417i, inclusive, do not apply to any of the
following persons or organizations: (1) Any person holding a current
license as a real estate broker or [salesperson] agent issued pursuant to
chapter 392, provided such person engages only in work for which such
person is licensed under chapter 392; (2) any person licensed or
otherwise authorized under chapter 412 to sell or place a mobile
manufactured home, as defined in sec tion 21 -64, upon a mobile
manufactured home park or mobile manufactured space or lot, both as
defined in section 21-64, provided such person engages only in work for
which such person is licensed or otherwise authorized under chapter
412; (3) any other person holding a professional or occupational license,
registration or certificate issued pursuant to the general statutes,
provided such person engages only in the work for which such person
is licensed, registered or certified; and (4) any new home construction
contractor who enters into one or more new home construct ion
contracts related to the same new home when such contract or contracts
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in the aggregate with respect to that home has a total price for work or
services that is less than three thousand five hundred dollars.
Sec. 23. Section 20 -526 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective January 1, 2027):
The provisions of sections 20-500 to 20-528, inclusive, concerning the
certification or provisional licensing of real estate appraisers shall not
apply to (1) any person under contract with a municipality who
performs a revaluation of real estate for asses sment purposes pursuant
to section 12 -62, and (2) any licensed real estate broker or real estate
[salesperson] agent who estimates the value of real estate as part of a
market analysis performed for the owner of the real estate or a designee
of the owner, on such terms as may be agreed upon between such owner
or the owner's designee and the real estate broker or real estate
[salesperson] agent, for the purpose of (A) a prospective listing or sale
of such real estate, (B) providing information to the seller or landlord
under a listing agreement, or (C) providing information to a prospective
buyer or tenant under a buyer or tenant agency agreemen t, provided
such estimate of value shall not be referred to or be construed as an
appraisal. If such owner executes a listing contract with the real estate
broker or real estate [salesperson] agent who so estimated the value of
the real estate for the sale of the real estate and such real estate contains
any building or other structure, occupied or intended to be occupied by
no more than four families, then such owner shall be credited against
any compensation the owner pays on account of such listing contract for
any fee paid by the owner for such estimate of value.
Sec. 24. Subparagraph (K) of subdivision (5) of subsection (a) of
section 31-222 of the general statutes is repealed and the following is
substituted in lieu thereof (Effective January 1, 2027):
(K) Service performed by an individual as an insurance agent, other
than an industrial life insurance agent, and service performed by an
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individual as a real estate [salesperson] agent, if all such service is
performed for remuneration solely by way of commission;
Sec. 25. Subsection (c) of section 42 -103gg of the general statutes is
repealed and the following is substituted in lieu thereof (Effective January
1, 2027):
(c) Any sales agent who offers a time share interest created under this
section shall be licensed as a real estate broker or real estate
[salesperson] agent as set forth in section 20-312, as amended by this act,
unless exempt from licensure under chapter 392. The following need not
be licensed pursuant to section 20-312, as amended by this act : (1) An
exchange company that is exchanging time share periods, or (2) a person
who only distributes literature pertaining to a time share or advertises a
time share, provided a sales agent or a real estate broker or real estate
[salesperson] agent licensed under section 20 -312, as amended by this
act, transacts the sale of such time share interest.
Sec. 26. Subdivision (1) of subsection (c) of section 42 -103bbb of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective January 1, 2027):
(1) Is a licensed real estate [salesperson] agent in this state who resells
or offers to resell time share interests in a time share plan as [an] a sales
agent for a developer who is registered under sections 42 -103cc to 42 -
103aaa, inclusive, provided such [salesperson] agent (A) delivers all
disclosures required of a developer under sections 42 -103cc to 42 -
103aaa, inclusive, or (B) complies with the provisions of section 42 -
103ccc;
Sec. 27. Subsection (d) of section 42 -484 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective January
1, 2027):
(d) Nothing in sections 42 -482 and 42 -483 and this section shall be
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construed to apply to any person who holds a real estate [salesperson's]
agent's license and who has a claim for payment of a real estate
commission or compensation against the real estate broker with whom
such real estate [salesperson] agent is affiliated.
Sec. 28. Subparagraph (B) of subdivision (2) of subsection (a) of
section 47-17a of the general statutes is repealed and the following is
substituted in lieu thereof (Effective January 1, 2027):
(B) "Private transfer fee" does not include:
(i) Any consideration payable by a grantee to a grantor for the
conveyance of an interest in real property located in this state, including
any subsequent consideration payable by such grantee for such real
property based on subsequent appreciation, development or sale of
such real property, provided such subsequen t consideration is payable
on a one -time basis and the obligation to pay such consideration does
not bind successors in title to such real property. For purposes of this
subparagraph, "real property" includes a mineral estate, as defined in
section 47-33o;
(ii) Any commission payable to a real estate broker or a real estate
[salesperson] agent for the sale of real property located in this state
pursuant to a contract or agreement between such broker or
[salesperson] agent and a grantee or grantor, including any subsequent
commission payable by such grantee or grantor for such real property
based on subsequent appreciation, development or sale of such real
property;
(iii) Any interest, fee, charge or other amount payable by a borrower
to a lender pursuant to a loan secured by a mortgage against real
property located in this state, including any fee payable to such lender
for consenting to an assumption of such loan or conveyance of such real
property subject to such mortgage, any fee or charge payable to such
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lender for an estoppel letter or certificate issued by such lender, and any
shared appreciation interest, profit participation or other consideration
payable to the lender in connection with such loan;
(iv) Any rent, reimbursement, fee, charge or other amount payable
by a lessee to a lessor, including any fee or charge payable to such lessor
for consenting to an assignment, sublease or encumbrance of a rental
agreement or lease;
(v) Any consideration payable to the holder of an option to purchase
an interest in real property or the holder of a right of first refusal or first
offer to purchase an interest in real property located in this state, for
such holder's waiver, release or nonexercise of such option or right;
(vi) Any tax, assessment, fine, fee, charge or other amount payable to
or imposed by a governmental entity;
(vii) Any dues, assessment, fine, contribution, fee, charge or other
amount payable to an association or a unit owners' association of a
common interest community as defined by chapter 828, pursuant to any
declaration, covenant, law, association bylaw, association rule or
association regulation, including a fee or charge payable to such
association for an estoppel letter or certificate issued by such association
or its authorized agent;
(viii) Any dues, assessment, fine, contribution, fee, charge or other
amount imposed by a declaration or covenant encumbering a
municipality or a county or any combination thereof or a neighborhood
or other area, irrespective of boundaries or political subdivision, in this
state, and payable solely to an organization that is tax exempt pursuant
to 26 USC 501(c) for the purpose of supporting cultural, educational,
charitable, recreational, environmental, conservation or other similar
activities that benefit such municipality, county, neighborhood or other
area; or
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(ix) Any dues, assessment, contribution, fee, charge or other amount
payable for the purchase or transfer of a club membership related to real
property located in this state.
Sec. 29. Section 47-100 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective January 1, 2027):
The sale of real estate syndicate securities shall not be an act requiring
licensure as a real estate [salesperson] agent or broker as defined in
section 20-311, as amended by this act.
Sec. 30. Subsection (a) of section 49 -7f of the general statutes is
repealed and the following is substituted in lieu thereof (Effective January
1, 2027):
(a) No mortgage broker or lender, as defined in subdivision (5) of
section 49-31d, or any person affiliated with such mortgage broker or
lender shall receive a fee, commission or other form of referral fee for
the referral of any person to (1) a real estat e broker, real estate
[salesperson] agent, as defined in section 20-311, as amended by this act,
or any person affiliated with such broker or [salesperson] agent or any
person engaged in the real estate business, as defined in [said] section
20-311, as ame nded by this act , or (2) an attorney-at-law admitted to
practice within this state or any person affiliated with such attorney.
Sec. 31. Subsection (a) of section 51 -87b of the general statutes is
repealed and the following is substituted in lieu thereof (Effective January
1, 2027):
(a) No attorney -at-law admitted to practice within this state or any
person affiliated with such attorney may receive a fee, commission or
other form of referral fee for the referral of any person to (1) a real estate
broker or real estate [salesperson] agent, as defined in section 20-311, as
amended by this act , or any person affiliated with such broker or
[salesperson] agent or any person engaged in the real estate business, as
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Public Act No. 26-23 47 of 52
defined in [said] section 20 -311, as amended by this act , or (2) any
mortgage broker or mortgage lender, as defined in subdivision (5) of
section 49-31d, or any person affiliated with such mortgage broker or
lender.
Sec. 32. (NEW) (Effective October 1, 2026) (a) As used in this section:
(1) "Public marketing" means any promotion or distribution of
information through any medium that is reasonably accessible to
prospective buyers or tenants, real estate licensees and the general
public that provides open and nondiscriminatory access to ava ilable
residential real property for sale or lease, such as (A) the display of real
estate listings on a publicly accessible Internet web site or digital
platform; (B) promotion through any social media platform; (C)
distribution through electronic mail to more than one recipient at a time;
(D) signage directing consumers to a real estate broker; (E) publication
on a real estate broker's or brokerage Internet web site, application or
other digital platform, or inclusion on a private network established
among not less than two real estate brokerage agencies or franchisees;
or (F) digital advertisement intended for public distribution.
(2) "Multiple listing service" means any cooperative information
exchange system, operated by, or on behalf of, licensed real estate
brokers, that: (A) Aggregates and disseminates information concerning
real estate listings among participating real estate brokers on a broad
and nondiscriminatory basis, and is not limited to (i) a single brokerage
or affiliated group of brokerages, or (ii) an exclusionary group of
participating real estate brokers; (B) is governed by standardized rules;
(C) provides for the distribution of such real estate listing information
to publicly accessible real estate marketplaces and Internet web sites
contemporaneously with, and not later than, the first instance of public
marketing of any such real estate listing; and (D) is not e stablished or
operated for the purpose of limiting the visibility or distribution of real
estate listings.
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(3) "Real estate agent", "real estate broker" and "residential real
property" have the same meanings as provided in section 20 -311 of the
general statutes, as amended by this act.
(b) Any real estate broker or real estate agent representing a seller or
landlord in a real estate transaction involving such seller's or landlord's
residential property shall: (1) Furnish all property information
authorized for disclosure by such seller o r landlord, and any other
information or material facts such real estate broker or real estate agent
representing such seller or landlord is obligated to disclose to any
prospective buyer or tenant on an equal and nondiscriminatory basis,
through a real es tate broker or real estate agent, if such prospective
buyer or tenant is represented, or directly, if such prospective buyer or
tenant is unrepresented; (2) respond to inquiries from any prospective
buyer or tenant on an equal and nondiscriminatory basis, through a real
estate broker or real estate agent if such prospective buyer or tenant is
represented, or directly, if such prospective buyer or tenant is
unrepresented, or designate a specific individual responsible for
responses to any such inquiry; and ( 3) make the residential property
available for in-person or virtual showings to any prospective buyer or
tenant on an equal and nondiscriminatory basis, through a real estate
broker or real estate agent if such prospective buyer or tenant is
represented, o r directly, if such prospective buyer or tenant is
unrepresented.
(c) (1) Except as provided in subsection (d) of this section, any real
estate broker or real estate agent representing a seller or landlord in a
real estate transaction involving such seller's or landlord's residential
property shall, concurrently with, or prior to, the first instance of public
marketing, make such residential property available to the general
public on a fair, nondiscriminatory and publicly accessible listing
platform that is reasonably designed to generate broad public exposure
to prospec tive buyers or tenants. Such requirement may be satisfied
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through an active listing on (A) at least one multiple listing service
operating in this state, (B) a publicly accessible Internet listing platform,
or (C) any other electronic listing platform that provides unrestricted
public access to listing information.
(2) No such real estate broker or real estate agent shall satisfy the
requirements of subparagraph (B) or (C) of subdivision (1) of this
subsection through the use of any listing platform, if access to such
listing platform is limited or the platform (A) r equires an invitation,
password or other credentials to access such listing platform, or (B) is
designed primarily for internal use by a single brokerage or affiliated
group.
(d) Nothing in this section shall be construed to: (1) Require a seller
or landlord of residential property to publicly market and submit such
residential property for active listing on at least one multiple listing
services operating in this state; (2) pr ohibit the use of private listings,
pocket listings or office -exclusive listings, provided any such listing is
not publicly marketed; (3) restrict a seller of residential property from
directing a real estate broker or real estate agent to market such property
privately or to a limited group of prospective buyers, provided any such
direction complies with all state and federal laws; (4) restrict an
individual agent at a brokerage to market to another agent at a different
brokerage when marketing a private listing or pocket listing, provided
any such private listing or pocket listing is not publicly marketed; or (5)
restrict the real estate broker or real estate agent representing the seller
or landlord of residential property in a real estate transaction involving
such seller's or landlord's residential property from furnishing property
information to other real estate brokers or real estate agents controlled
and supervised by the same supervising licensee in the same office.
(e) A Seller/Landlord Opt-Out of Real Estate Public Marketing form
shall be executed at such time the listing agreement is executed upon
the request of a seller or landlord of residential property to opt -out of
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public marketing. The Seller/Landlord Opt -Out of Real Estate Public
Marketing form shall be printed in not less than ten -point type and be
contained in the following form:
"SELLER OPT-OUT OF REAL ESTATE PUBLIC MARKETING
Public marketing of residential property through multiple listing
services, Internet portals and web sites is intended to maximize
exposure to prospective buyers and promote competition in the sale of
such property.
This form documents the Seller's informed decision to decline such
public marketing and the potential consequences of doing so.
. . . . (Seller)
. . . . (Property Address)
By signing below, the Seller acknowledges and agrees to the
following (initial each):
. . . . (1) The Seller understands that the Seller's property may not be
visible to a broad range of prospective buyers and real estate licensees
representing prospective buyers of the Seller's property.
. . . . (2) The Seller understands that foregoing public marketing may
reduce competition for the property, may result in fewer offers to
purchase the Seller's property and may adversely impact the final sale
price and terms of the sale of the Seller's property.
. . . . (3) The Seller understands that limiting or restricting access to
the property, including showings or tours, may further reduce buyer
interest and may not be in the Seller's best financial interest.
. . . . (4) The Seller is making this decision knowingly and voluntarily,
and has had the opportunity to consult with a real estate broker or real
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estate agent and Seller's Attorney regarding the potential impacts of this
decision.
. . . . (Seller) . . . . Date
. . . . (Authorized Representative) . . . . Date
. . . . (Brokerage Name)
LANDLORD OPT-OUT OF REAL ESTATE PUBLIC MARKETING
Public marketing of residential property through multiple listing
services, Internet portals and web sites is intended to maximize
exposure to prospective tenants and promote competition in the rental
of such property.
This form documents the Landlord's informed decision to decline
such public marketing and the potential consequences of doing so.
. . . . (Landlord Name)
. . . . (Property Address)
By signing below, the Landlord acknowledges and agrees to the
following (initial each):
. . . . (1) The Landlord understands that the Landlord's property may
not be visible to a broad range of prospective tenants and real estate
licensees representing prospective tenants of the Landlord's property.
. . . . (2) The Landlord understands that foregoing public marketing
may reduce competition for the property, may result in fewer offers to
rent the Landlord's property and may adversely impact the final rent
price and terms of the sale of the Landlord's property.
. . . . (3) The Landlord understands that limiting or restricting access
to the property, including showings or tours, may further reduce tenant
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interest and may not be in the Landlord's best financial interest.
. . . . (4) The Landlord is making this decision knowingly and
voluntarily, and has had the opportunity to consult with a real estate
broker or real estate agent and Landlord's Attorney regarding the
potential impacts of this decision.
. . . . (Landlord) . . . . Date
. . . . (Authorized Representative) . . . . Date
. . . . (Brokerage Name)"