Sec. 20-320. Suspension or revocation of licenses. Fines.
Sec. 20-320. Suspension or revocation of licenses. Fines. The Department of
Consumer Protection may, upon the request of the commission or upon the verified
complaint in writing of any person, if such complaint, or such complaint together with
evidence, documentary or otherwise, presented in connection with such complaint, shall
make out a prima facie case, investigate the actions of any real estate broker or real
estate salesperson or any person who assumes to act in any of such capacities within
this state. The commission may temporarily suspend or permanently revoke any license
issued under the provisions of this chapter and, in addition to or in lieu of such suspension
or revocation, may, in its discretion, impose a fine of not more than two thousand dollars
at any time when, after proceedings as provided in section 20-321, the commission finds
that the licensee has by false or fraudulent misrepresentation obtained a license or that
the licensee is guilty of any of the following: (1) Making any material misrepresentation;
(2) making any false promise of a character likely to influence, persuade or induce; (3)
acting as an agent for more than one party in a transaction without the knowledge of all
parties for whom the licensee acts; (4) representing or attempting to represent a real
estate broker other than the licensee's employer or the broker with whom the licensee
is affiliated, without the express knowledge and consent of the licensee's employer or
affiliated broker; (5) failing, within a reasonable time, to account for or remit any moneys
coming into the licensee's possession which belong to others; (6) entering into an exclusive listing contract or buyer agency contract which contains a fixed termination date
if such contract also provides for an automatic continuation of the period of such contract
beyond such date; (7) failing to deliver immediately a copy of any instrument to any
party or parties executing the instrument, where such instrument has been prepared by
the licensee or under the licensee's supervision and where such instrument relates to
the employment of the licensee or to any matters pertaining to the consummation of a
lease, or the purchase, sale or exchange of real property or any other type of real estate
transaction in which the licensee may participate as a broker or a salesperson; (8) conviction in a court of competent jurisdiction of forgery, embezzlement, obtaining money
under false pretenses, larceny, extortion, conspiracy to defraud, or other like offense or
offenses, provided suspension or revocation under this subdivision shall be subject to
the provisions of section 46a-80; (9) collecting compensation in advance of services to
be performed and failing, upon demand of the person paying the compensation or the
commission, to render an accounting of the use of such money; (10) commingling funds
of others with the licensee's own, or failing to keep funds of others in an escrow or trustee
account; (11) any act or conduct which constitutes dishonest, fraudulent or improper
dealings; (12) failing to provide the disclosures required by section 20-325c; (13) a
violation of any provision of this chapter or any regulation adopted under this chapter.
Any fine collected pursuant to this section shall be deposited in the Real Estate Guaranty
Fund established pursuant to section 20-324a.
(1953, 1955, S. 2348d; 1957, P.A. 39; 1963, P.A. 100; 1967, P.A. 460, S. 9; P.A. 74-286, S. 1, 3; P.A. 76-26, S. 1, 3;
76-168, S. 2, 4; P.A. 77-614, S. 227, 610; P.A. 83-512, S. 2; P.A. 88-329, S. 10, 15; P.A. 89-347, S. 2; P.A. 90-332, S. 14,
32; P.A. 91-229, S. 11, 19; P.A. 93-354, S. 15, 54; P.A 94-36, S. 41, 42; 94-240, S. 2, 14; P.A. 98-10, S. 16; P.A. 99-231,
S. 3, 7; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1.)
History: 1963 act added Subdiv. (12); 1967 act amended Subdiv. (12) to make violation of any provision of chapter
grounds for revocation or suspension and updated statute deleting references to "commissioner" and substituting "commission"; P.A. 74-286 rewrote Subdiv. (8), replacing convictions within 10 years with convictions within 5 years as ground
for suspension or revocation of license and adding "confinement, or probation or parole for such conviction, within five
years ..." as ground for suspension or revocation; P.A. 76-26 added provision allowing imposition of fine in addition to or
in lieu of suspension or revocation of license for first offense; P.A. 76-168 deleted the words "in performing or attempting
to perform any of the actions enumerated in section 20-311", immediately before Subdiv. (1) and revised Subdiv. (8)
limiting suspension or revocation for license for conviction as provided in Sec. 4-61o (later transferred to Sec. 46a-80)
rather than using 5-year period as measure of applicability and deleting reference to confinement, probation or parole as
measure of applicability; P.A. 77-614 transferred investigatory power from commission to consumer protection department,
acting on commission's request and referred in Subdiv. (12) to regulations "under this chapter" rather than to regulations
of commission, effective January 1, 1979; P.A. 83-512 increased the maximum fine from $500 to $1,000; P.A. 88-329
made grounds for suspension or revocation of license and fines for brokers and salesmen applicable to real estate appraisers
and residential appraisers, effective July 1, 1989; P.A. 89-347 inserted new Subdiv. (12) re failure to provide the disclosures
required by Sec. 20-325c, renumbering former Subdiv. as (13); P.A. 90-332 amended section to include references to the
real estate appraisal commission and provisions re certification for general certified and residential certified appraisers;
P.A. 91-229 deleted all references to general certified and residential certified appraisers and made technical corrections;
P.A. 93-354 deleted references to real estate appraisers, real estate appraisal commission and certification throughout
section (see Sec. 20-518), 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. 94-240 made certain changes to the text to make it more gender neutral and increased
the maximum fine from $1,000 to $2,000, effective July 1, 1994; P.A. 98-10 made technical changes; P.A. 99-231 added
provision that fines collected pursuant to section shall be deposited into Real Estate Guaranty Fund, effective June 29,
1999; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer Protection with Department 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.
Real estate commission has jurisdiction to revoke broker's license pursuant to this section only if he is acting in his
capacity as broker, i.e. performing or attempting to perform "for another and for a fee." 169 C. 445. Cited. 177 C. 515.
Cited. 14 CA 46. Cited. 37 CA 777.
Cited. 26 CS 193.
Subdiv. (6):
Cited. 213 C. 612.
Cited. 7 CA 120. Cited. 25 CA 51.