Broker Helen is found by CREC to have violated both the Connecticut Unfair Trade Practices Act (CUTPA) and CGS § 20-321 in connection with a fraudulent listing. CREC imposes a license revocation. Helen argues that because CUTPA is enforced by the courts, CREC has no authority to use a CUTPA violation as a basis for license revocation. Is Helen's argument correct under Connecticut law?
Correct Answer
B) No, because CREC may independently determine that conduct violating CUTPA also constitutes a violation of license law grounds for discipline under CGS § 20-321
CREC's disciplinary authority under CGS § 20-321 is independent of CUTPA enforcement. Conduct that violates CUTPA—such as fraudulent or deceptive acts in a real estate transaction—may simultaneously constitute a violation of license law grounds for discipline. CREC does not need a court CUTPA judgment to act; it can independently find that the same underlying conduct warrants license revocation under Chapter 392.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.
Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.
Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.
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