(a) Every real property securities dealer selling or attempting to sell any real property security shall personally sign and deliver to the purchaser a statement in writing, containing all the information required by subsection (b) of this section before the purchaser shall be obligated to complete the transaction. No such real property securities dealer shall permit a purchaser to sign the statement if any information required by said subsection (b) is omitted. The real property securities dealer shall retain an executed copy of the statement for four years.
(b) The statement required by subsection (a) of this section shall be in a form prescribed and approved by the commission and shall include, but not be limited to, the following information:
(1) The legal description or address of the property subject to the lien securing the note or contract being made or sold;
(2) The name and address of the fee owner of the property subject to the lien securing the note or contract being made or sold;
(3) Available information relative to the ability of the person liable on the obligation to meet such person's contractual payments;
(4) Any improvements on the property or the absence of such improvements;
(5) Any streets, sewers, water mains, curbs and gutters on or adjacent to the property or the absence thereof;
(6) Terms and conditions of the contract or note being made or sold, including the principal balance owing thereon, and the status of principal and interest payments thereon;
(7) A statement of the approximate balloon payment on the note or contract being made or sold, which shall appear prominently in words and figures;
(8) If available, the terms and conditions of all prior recorded encumbrances which constitute liens upon the property, the principal balance of such encumbrances, and the status of principal and interest payments thereon;
(9) Amounts and terms of tax liens and assessments, if available;
(10) A written statement of the real property securities dealer's considered opinion of the current fair market value of the property and of the equity in the property securing the note or contract or that the purchaser will obtain his own appraisal of such property;
(11) Whether the real property securities dealer is acting as a principal or as an agent;
(12) A statement that the transaction is in compliance with the provisions of sections 20-329o to 20-329bb, inclusive; and
(13) Such other information as the Commissioner of Consumer Protection, with the advice and assistance of the commission, may require by regulation adopted in accordance with chapter 54.
(1971, P.A. 603, S. 3, 4; P.A. 77-614, S. 237, 610; P.A. 98-10, S. 54; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: P.A. 77-614 amended Subsec. (b)(13) to refer to information required by consumer protection commissioner with advice of real estate commission rather than to information required by the commission itself, effective January 1, 1979; P.A. 98-10 made technical changes in Subsec. (b); 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.
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.