Connecticut Agency Law Review and Fair Housing 1

Connecticut Agency Law Review and Fair Housing 1

Course Description (Expanded)

This comprehensive, two-part course serves as a practical, in-depth guide to the essential components of Connecticut agency law, fair housing, and the regulatory framework that governs professional conduct in the real estate industry. Part one focuses on the evolution and purpose of agency relationships, beginning with a historical look at common law principles and how they laid the groundwork for today’s modern agency structure. By exploring the development of agency arrangements over time, participants gain the foundational understanding needed to navigate the increasingly complex demands placed on today’s real estate professionals.

This course takes a hands-on approach to understanding the role of the agent, the broker, and the client within the Connecticut real estate landscape. Participants will analyze how agency law has shifted in response to court rulings, legislative actions, and consumer expectations, ensuring they can apply these evolving standards to everyday real estate practices. We will examine how agency relationships are formed, what creates a legally binding agreement, and the critical moments when fiduciary duties begin and end.

As the industry expands and real estate transactions become more sophisticated, the ability to effectively interpret agency relationships is more important than ever. This program provides clarity on the differences between dual agency and designated agency, highlighting the legal, ethical, and procedural distinctions that shape each model. Participants will explore how dual agency functions when a single brokerage represents both sides of the transaction, and how designated agency provides an alternative that assigns individual agents within the same firm to represent separate parties. Through detailed examples and case studies, the course demonstrates how these relationships impact client communication, confidentiality, loyalty, disclosure obligations, and ultimately, the transaction outcome.

A major focus of the course is the six critical elements of fiduciary responsibility—obedience, loyalty, disclosure, confidentiality, accountability, and reasonable skill and care. Each fiduciary duty will be broken down to illustrate how it applies in real-world scenarios, what happens when a fiduciary failure occurs, and how agents can protect themselves and their clients through proper documentation, communication, and adherence to legal standards. The curriculum emphasizes the importance of trust-building within the agent-client relationship and offers strategies for upholding the highest level of professionalism when representing buyers, sellers, landlords, tenants, and investors.

The course also takes a close look at buyers’ agency—one of the most significant shifts in agency law over the past several decades. Participants will learn how buyers’ agency emerged in response to market demand, the benefits it offers to consumers, and the responsibility agents take on when representing the buyer’s interests. This includes understanding compensation structures, navigating conflicts of interest, and ensuring compliance with Connecticut’s written agency agreement requirements.

In addition to core agency principles, this course examines Connecticut’s fair housing laws, consumer protection regulations, and the Connecticut Real Estate Commission’s enforcement authority. Real-life examples of agency-related violations provide critical insight into what is expected of licensed professionals and the consequences of failing to meet those expectations. Participants will review case studies involving misrepresentation, improper disclosures, inadequate recordkeeping, breach of fiduciary duty, and violations of the Connecticut Unfair Trade Practices Act (CUTPA).

The final section explores the role and purpose of an Assurance of Voluntary Compliance (AVC). This legally binding agreement is used to resolve certain regulatory violations without the need for prolonged administrative or court proceedings. By understanding how an AVC works, when it is used, and what obligations it imposes on a licensee or brokerage, participants gain a deeper appreciation for the mechanisms in place to protect consumers and uphold the integrity of the real estate profession.

By the end of this part of the course, real estate professionals will have a richer understanding of their legal obligations, ethical duties, and the critical importance of maintaining transparency, accountability, and compliance throughout every stage of the real estate transaction process.


Learning Objectives (Expanded)

Upon completion of this course, you will be able to:

  • Summarize the purpose of The Connecticut Department of Consumer Protection (DCP) and explain how the agency regulates and oversees real estate licensees, enforces compliance, and protects consumers from deceptive practices.

  • Explain the historical foundation of Agency Law, including its common-law origins, how it evolved into statutory requirements, and why these principles remain essential to modern real estate practice.

  • Describe the structure and implications of Dual Agency, including legal limitations, disclosure requirements, potential conflicts of interest, and strategies for maintaining neutrality and compliance.

  • Explain the role of a Designated Agency and understand how assigning separate agents within the same brokerage helps preserve confidentiality, loyalty, and undivided client representation.

  • Break down the six keys of fiduciary responsibility—obedience, loyalty, disclosure, confidentiality, accountability, and reasonable skill and care—and apply these duties to real-life situations involving buyers, sellers, tenants, and landlords.

  • Discuss Connecticut laws and regulations that govern agency relationships, real estate advertising, disclosures, recordkeeping, dual agency authorization, and compliance expectations.

  • Recognize the responsibilities of a subagent, including their obligations to the seller, their limitations when working with a buyer, and the potential liabilities associated with subagency.

  • Identify different types of Agency Agreements, such as exclusive right-to-sell, exclusive agency, buyer representation agreements, tenant representation agreements, and dual/designated agency forms.

  • Differentiate between a buyer’s agent and a seller’s agent, outlining how fiduciary duties differ, how compensation structures function, and how each role advocates for their client’s best interests.

  • Review the top complaints and common violations enforced under the Connecticut Unfair Trade Practices Act (CUTPA), including misleading advertising, non-disclosure of material facts, improper handling of funds, failure to provide written agreements, and conduct that is considered deceptive or unethical within the marketplace.

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