Sec. 20-312. Licensing.
Sec. 20-312. Licensing. (a) No person shall act as a real estate broker or real estate
salesperson without a license issued by the commission, unless exempt under this chapter. The Commissioner of Consumer Protection may enter into any contract for the
purpose of administratively processing the renewal of licenses on behalf of the commission.
(b) The practice of or the offer to practice real estate brokerage business in this state
by individual licensed real estate brokers or real estate salespersons as a corporation,
limited liability company or partnership, a material part of the business of which includes
real estate brokerage, is permitted, provided (1) the personnel of such corporation, limited liability company or partnership who engage in the real estate brokerage business
as real estate brokers or real estate salespersons, and the real estate brokers whose ownership, control, membership or partnership interest is credited toward the requirements
of subdivision (3) of this subsection, are licensed or exempt from licensure under this
chapter, (2) the corporation, limited liability company or partnership has been issued a
real estate broker license by the commission as provided in this section and has paid
the license or renewal fee required for a real estate broker's license as set forth in section
20-314, and (3) except for a publicly traded corporation (A) with respect to a corporation
other than a nonstock corporation, one or more real estate brokers own or control fifty-one per cent or more of the total issued shares of the corporation, (B) with respect to a
nonstock corporation, one or more real estate brokers constitute at least fifty-one per
cent of the members of the nonstock corporation, (C) with respect to a limited liability
company, one or more real estate brokers own or control at least fifty-one per cent of
the interest in the limited liability company, as defined in section 34-101, or (D) with
respect to a partnership, one or more real estate brokers' partnership interest, as defined
in section 34-301, constitutes at least fifty-one per cent of the total partnership interest.
No such corporation, limited liability company or partnership shall be relieved of responsibility for the conduct or acts of its agents, employees or officers by reason of its
compliance with this section, nor shall any individual practicing real estate brokerage be
relieved of responsibility for real estate services performed by reason of the individual's
employment or relationship with such corporation, limited liability company or partnership. The Real Estate Commission may refuse to authorize the issuance or renewal of
a license if any facts exist that would entitle the commission to suspend or revoke an
existing license.
(c) A corporation, limited liability company or partnership desiring a real estate
broker license shall file with the commission an application on such forms and in such
manner as prescribed by the Department of Consumer Protection. Each such corporation, limited liability company or partnership shall file with the commission a designation of at least one individual licensed as a real estate broker in this state who shall be
in charge of the real estate brokerage business of such corporation, limited liability
company or partnership in this state. Such corporation, limited liability company or
partnership shall notify the commission of any change in such designation not later than
thirty days after such change becomes effective.
(d) The Real Estate Commission may impose a fine of not more than one thousand
dollars on any corporation, limited liability company or partnership that engages in real
estate business without a license required by this section.
(1953, S. 2341d; P.A. 78-147, S. 2; P.A. 88-329, S. 4, 15; P.A. 90-332, S. 6, 32; P.A. 91-229, S. 4, 19; P.A. 93-354, S.
6, 54; P.A. 94-36, S. 41, 42; P.A. 95-198, S. 1; P.A. 96-200, S. 6; P.A. 98-10, S. 6; June 30 Sp. Sess. P.A. 03-6, S. 146(c);
P.A. 04-189, S. 1; P.A. 05-115, S. 1.)
History: P.A. 78-147 required that all salesmen affiliated as independent contractors with partnerships, firms, etc. be
licensed before license granted to the partnership, firm, etc.; P.A. 88-329 required real estate appraisers and residential
appraisers to be licensed, and established requirements for the licensing of partnerships, associations and corporations
engaged in the real estate appraisal and residential appraisal business, effective July 1, 1989; P.A. 90-332 added a provision
for certification to the licensing requirement for the real estate appraisal commission; P.A. 91-229 in Subsec. (a) deleted
the reference to "residential appraiser", in Subsec. (c) deleted the reference to "is certified" and substituted "certification"
and deleted Subsec. (d) which had required individuals in partnership, association or corporation to be licensed as a condition
for licensure of any partnership, association or corporation to engage in residential appraisal business; P.A. 93-354 deleted
Subsec. (c) which had required that all members and officers of real estate appraisal business hold license or certificate
before the business itself could be granted a license and deleted references elsewhere in the section to real estate appraisers
(see Sec. 20-501), effective in accordance with Sec. 20-528; P.A. 94-36 changed effective date of P.A. 93-354 but without
affecting this section; P.A. 95-158 added a provision to allow the Commissioner of Consumer Protection to enter into a
contract to administratively process the renewal of licenses on behalf of the Real Estate Commission; P.A. 96-200 substituted "salesperson" for "salesman"; P.A. 98-10 made technical changes in Subsec. (a); June 30 Sp. Sess. P.A. 03-6 replaced
Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1,
2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of
Agriculture and Consumer Protection, effective June 1, 2004; P.A. 05-115 replaced former provisions of Subsec. (b) with
new provisions re practice as a corporation, limited liability company or partnership, and added new Subsecs. (c) and (d)
re applications for licensure and re penalties for engaging in real estate business without a license, respectively.
Constitutional. 142 C. 699. Cited. 144 C. 647. Cited. 218 C. 396.
Cited. 5 CA 76. Cited. 36 CA 653.
Cited. 26 CS 195. Cited 38 CS 509.