R.C.S.A. § 20-328-6a
Agreements. Net listings prohibited.
Cite as Conn. Agencies Regs. § 20-328-6a
(a) (1) Before a licensee attempts to negotiate a sale, exchange, or lease of real estate,
other than a commercial real estate transaction, on behalf of the owner or lessor
of real estate, the licensee shall enter into a listing agreement with the party or
parties for whom the licensee will act. All listing agreements shall be in writing,
properly identifying the property and containing all of the terms and conditions of
the sale, exchange or lease, including the commission to be paid, the date on which
the listing agreement is entered into and its expiration date. The listing agreement
shall be signed by the owner, seller or lessor or an agent authorized to act on behalf
of the owner, seller or lessor only by a written document executed in the manner provided
for conveyances in Connecticut General Statutes, Section 47-5, and by the broker or
the broker's authorized agent. The type of listing shall be clearly indicated in the
listing agreement. The licensee shall deliver immediately a copy of any listing agreement
to any party or parties executing the same, where such listing agreement has been
prepared by such licensee or under the licensee's supervision and where such listing
agreement relates to a real estate transaction with which the licensee is associated
as a broker or a salesman. For listing agreements entered into on or after October
1, 2004, if the real estate broker permits real estate licensees not affiliated with
the real estate broker to advertise the real estate, the real estate broker shall
disclose such permission and all exceptions to the advertising on the listing agreement
and obtain the owner's or lessor's authorization for such advertising.
(2) Before a licensee attempts to negotiate a purchase, exchange or lease of real estate,
other than a commercial real estate transaction, on behalf of a prospective buyer
or lessee of real estate, the licensee shall enter into an agency agreement with the
party or parties for whom the licensee will act. All agency agreements shall be in
writing, containing all of the terms and conditions of the agency agreement, including
the compensation to be paid, the date on which the agency agreement is entered into
and its expiration date. The agency agreement shall be signed by the prospective buyer
or lessee or an agent authorized to act on behalf of the prospective buyer or lessee
only by a written document executed in the manner provided for conveyances in Connecticut
General Statutes, section 47-5, and by the broker or the broker's authorized agent.
The licensee shall deliver immediately a copy of any agency agreement to any party
or parties executing the same, where such agency agreement has been prepared by such
licensee or under the licensee's supervision and where such buyer agency agreement
relates to a real estate transaction with which the licensee is associated as a broker
or salesman.
(b) For all instruments other than listing agreements, buyer agency agreements or lessee
agency agreements, the licensee, for the protection of all parties, shall use his
or her best efforts to assure that all contractual commitments regarding real estate
transactions with which the licensee is associated are in writing, dated, and express
the agreement of the parties. The licensee shall deliver immediately a copy of any
such instrument to any party or parties executing the same, where such instrument
has been prepared by such licensee or under the licensee's supervision and where such
instrument relates to a real estate transaction with which the licensee is associated
as a broker or a salesman.
(c) No licensee shall accept or enter into a net listing. In cases where the owner or
the lessor wishes to list in this manner, the agreed upon fee shall be added and listings
made in the usual manner.
(d) A licensee attempting to negotiate or negotiating a sale, exchange, or lease of a
commercial real estate transaction shall obtain a listing, buyer or tenant representation
agreement, memorandum, letter, or other writing stating for whom the licensee will
act or has acted, signed by the party for whom the licensee will act or has acted
in the commercial real estate transaction, the duration of the authorization and the
amount of any compensation payable to the licensee.