The provisions of this chapter concerning the licensure of real estate brokers and real estate salespersons shall not apply to: (1) Any person who as owner or lessor performs any of the acts enumerated in section 20-311, with reference to property owned, leased or sought to be acquired or leased by the person, or to the person's regular employees who are employed as on-site residential superintendents or custodians, with respect to the property so owned or leased or sought to be acquired or leased when such acts are performed in the regular course of, or incident to, the management of such property and the investment therein; (2) any person acting as attorney-in-fact under a duly executed power of attorney from the owner authorizing the final consummation by performance of any contract for the sale, leasing or exchange of real estate, or to service rendered by any attorney-at-law in the performance of the attorney-at-law's duties as such attorney-at-law; (3) a receiver, trustee in bankruptcy, administrator, executor or other fiduciary, while acting as such, or any person selling real estate under order of any court, or to a trustee acting under a trust agreement, deed of trust or will, or the regular salaried employees thereof; (4) witnesses in court as to the values of real estate; (5) persons in the employ of the federal or state government or any political subdivision thereof while acting in the course of such employment; (6) any employee of any nonprofit housing corporation that (A) has been certified as a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, and manages a housing project, or (B) manages a housing project assisted in whole or in part by the federal government pursuant to Section 8 of The United States Housing Act of 1937, as amended from time to time, while such employee is performing duties in the regular course of, or incidental to, the management of such housing project; (7) any person licensed to maintain or operate a mobile manufactured home park under chapter 412 who performs any of the acts enumerated in section 20-311, with reference to lots or mobile manufactured homes within the park or to the person's employees with respect to lots or mobile manufactured homes within such park when such acts are performed in the regular course of, or incidental to, the management of such property and the investment therein; (8) persons licensed as sellers of mobile manufactured homes under section 21-67; or (9) any person or such person's regular employee who, as owner, lessor, licensor, manager, representative or agent manages, leases, or licenses space on or in a tower, building or other structure for (A) “personal wireless services facilities” or facilities for “private mobile service” as those terms are defined in 47 USC 332, which facilities shall be unattended, and the installation and maintenance of related devices authorized by the Federal Communications Commission, and ancillary equipment used to operate such devices and equipment shelters therefor, in an area not to exceed three hundred sixty square feet for any one service established by the Federal Communications Commission in 47 CFR, as amended from time to time, by a provider of any such service, and (B) any right appropriate to access such facilities and connect or use utilities in connection with such facilities.
(1953, S. 2340d; P.A. 84-63, S. 1, 2; P.A. 87-319; P.A. 88-329, S. 14, 15; P.A. 90-332, S. 30, 32; P.A. 91-229, S. 16, 19; P.A. 92-12, S. 111; 92-174, S. 3; P.A. 93-354, S. 24, 54; P.A. 94-36, S. 41, 42; P.A. 96-200, S. 19; P.A. 98-10, S. 41; P.A. 00-186, S. 3; P.A. 08-176, S. 70.)
History: P.A. 84-63 exempted licensed secondary mortgage loan brokers from licensure requirements; P.A. 87-319 limited the exception for regular employees to persons employed as on-site residential superintendents or custodians, and provided an exception for employees of nonprofit housing corporations which manage federally assisted housing projects; P.A. 88-329 added Subsec. (b) excepting government employees, persons performing revaluations for municipalities for assessment purposes, brokers and salesmen estimating value for the purpose of listing real estate for sale, and appraiser trainees from the provisions of this chapter concerning real estate appraisers and residential appraisers, effective July 1, 1989; P.A. 90-332 amended section to add a provision re certification for general certified and residential certified appraisers and inserted a provision limiting the total number of years one can act as a real estate appraiser trainee; P.A. 91-229 deleted all references to general certified and residential certified appraisers and deleted former Subdiv. (1) containing exception for government employees, relettering remaining Subdivs. accordingly; P.A. 92-12 made a technical change in Subsec. (a); P.A. 92-174 amended Subsec. (a) by adding exception re persons holding a license to operate and maintain a mobile manufactured home park who perform acts enumerated in Sec. 20-311; P.A. 93-354 deleted former Subsec. (b) limiting applicability of chapter with regard to real estate appraisers in certain cases and removed Subsec. (a) designator, 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. 96-200 substituted “salespersons” for “salesmen” and added an exemption for tax-exempt organizations which manage a housing project; P.A. 98-10 made technical changes; P.A. 00-186 added Subdiv. (10) re transactions for space for personal wireless services facilities or facilities for private mobile service and made technical changes; P.A. 08-176 amended Subdiv. (6)(B) to make a technical change, deleted former Subdiv. (7) re licensed secondary mortgage broker and renumbered existing Subdivs. (8), (9) and (10) as new Subdivs. (7), (8) and (9), effective July 1, 2008.
Cited. 35 CA 31.
Structure Connecticut General Statutes
Chapter 392 - Real Estate Brokers and Salespersons
Section 20-311. - Definitions.
Section 20-311a. - Real Estate Commission.
Section 20-311b. - Duties of commission.
Section 20-311c. - Executive director. Expenses of commission members. Records.
Section 20-311d. - Bond for chairperson.
Section 20-311e. - Deposit of fees.
Section 20-311f. - Arbitration of disputes between brokers or salespersons.
Section 20-312. - License required. Imposition of fine. Teams.
Section 20-312a. - Liability of brokers for salespersons affiliated as independent contractors.
Section 20-313. - Application for license.
Section 20-314. - License qualifications. Examinations. Renewals. Fees. Reinstatement. Hearings.
Section 20-314b. - Validity of license.
Section 20-316. - Grounds for refusal of license.
Section 20-318. - Certificate.
Section 20-319. - Renewal. Continuing education requirements. Regulations.
Section 20-320. - Suspension or revocation of licenses. Fines.
Section 20-320b. - Prohibition against influencing real estate appraisals. Violation, penalty.
Section 20-321. - Notice and hearing.
Section 20-323. - Revocation of license upon conviction of crime.
Section 20-324. - Misrepresentation; penalty.
Section 20-324a. - Real Estate Guaranty Fund.
Section 20-324b. - Fee payable to fund.
Section 20-324c. - Level of guaranty fund. Credits to guaranty fund and General Fund.
Section 20-324d. - Limitation of actions.
Section 20-324f. - Penalty for false or untrue claim.
Section 20-324g. - Procedure for commission.
Section 20-324h. - Payment from guaranty fund.
Section 20-324i. - Regulations.
Section 20-324j. - Appeal of commission decision, order or regulation.
Section 20-325. - Engaging in business without license.
Section 20-325c. - Real estate broker or salesperson acting as mortgage broker.
Section 20-325d. - Disclosure of representation. Regulations.
Section 20-325e. - Hearings re real property claims for liens. Foreclosures. Judicial intervention.
Section 20-325g. - Dual agency consent agreements. Conclusive presumption of informed consent.
Section 20-325h. - Prohibitions on use or disclosure of confidential information.
Section 20-325i. - Designated buyer agents and seller agents.
Section 20-325j. - Regulations re appointment of designated buyer or seller agent.
Section 20-325k. - Commercial real estate transactions. Notice of commission rights.
Section 20-325m. - Real estate brokers to retain certain real estate transaction records.
Section 20-326. - Report to Governor.
Section 20-327a. - Periodic publication of information and material.
Section 20-327b. - Residential condition reports. Exemptions. Templates.
Section 20-327e. - Seller's representations construed to extend to his actual knowledge only.
Section 20-327h. - Notice re housing discrimination and fair housing laws.
Section 20-328. - Regulations.
Section 20-329. - Exceptions concerning the licensure of brokers and salespersons.
Section 20-329a. - Advertising and sale in this state of property in another state: Definitions.
Section 20-329b. - Excepted activities. Filing fees.
Section 20-329bb. - Exemptions.
Section 20-329c. - Secretary as agent for service of process; bond; license required.
Section 20-329cc. - “Nonmaterial fact concerning real property” defined.
Section 20-329e. - Investigation by department.
Section 20-329f. - Issuance of license. Fees.
Section 20-329ff. - Legal rights retained for physical deficiencies.
Section 20-329g. - Reference to commission or department prohibited.
Section 20-329gg. - Exemptions. Federal transactions.
Section 20-329h. - Rights of purchasers.
Section 20-329j. - Commission members may not participate.
Section 20-329k. - Nonliability of advertising media.
Section 20-329m. - Regulations.
Section 20-329n. - Deposits of purchasers and lessees to be held in escrow.
Section 20-329p. - License and endorsement requirements.
Section 20-329q. - Statement to purchaser.
Section 20-329r. - Appraisal of real property.
Section 20-329s. - Filing and approval of materials to be used by dealer.
Section 20-329t. - Annual financial report.
Section 20-329u. - Desist order for violation. Appeal.
Section 20-329v. - Permit to sell real property security required. Application.
Section 20-329w. - Issuance or denial of permit. Limitation of commission's authority. Hearing.
Section 20-329x. - Prohibited acts. Penalty.
Section 20-329y. - Civil action for injury from transaction.