Section 47-NEW - [Newly enacted section not yet numbered] Petition declaring agreement void and unenforceable(a) If any unfair real estate listing agreement or notice or memorandum thereof is recorded or rerecorded, any person who holds an interest in the residential real property that is the subject of such agreement or the Attorney General may petition the Superior Court for an order declaring such agreement to be void and unenforceable. Such petition shall include (1) the address of such residential real property, (2) the name, address and telephone number of the real estate listing provider who is a party to such agreement, (3) the name and address of each person who is known to hold an interest in such residential real property, and (4) the name of the town, and the volume and page number of the land records, where such agreement, notice or memorandum is recorded or rerecorded.(b) Upon filing a petition under subsection (a) of this section, the petitioner shall provide reasonable notice to the Attorney General and all persons who hold an interest in the residential real property disclosing that the petitioner has filed such petition with the court. The petitioner shall append to the petitioner's complaint a statement certifying that the petitioner has provided such reasonable notice. Such statement shall include the names of such other persons, if known, the nature of their interests in such residential real property and the manner in which the petitioner provided such reasonable notice. If the petitioner fails to provide such reasonable notice, the court may direct the petitioner to provide such reasonable notice and certify to the court that the petitioner has provided such reasonable notice.(c) In reviewing a petition filed under subsection (a) of this section, the court may only consider evidence as to whether the real estate listing provider recorded or rerecorded, or caused to be recorded or rerecorded, an unfair real estate listing agreement or a notice or memorandum thereof. The court may issue an order declaring such agreement, notice or memorandum to be void and unenforceable upon a showing that such agreement, notice or memorandum does not comply with the provisions of sections 1 to 6, inclusive, of this act. Such order shall include the volume and page number of the land records where such agreement, notice or memorandum is recorded or rerecorded, and shall direct the town clerk of the town in which the residential real property is located to discharge the recording or rerecording of such agreement, notice or memorandum as void and unenforceable.(d) If any unfair real estate listing agreement or notice or memorandum thereof is recorded or rerecorded, any person with an interest in the residential real property that is the subject of such agreement may recover such actual damages, costs and attorney's fees as may be proven against the real estate listing provider who recorded or rerecorded such agreement, notice or memorandum or caused such agreement, notice or memorandum to be recorded or rerecorded. Such actual damages, costs and attorney's fees shall be in lieu of any damages, costs and attorney's fees awarded in any action brought under chapter 735a of the general statutes for a violation of subsection (a) of section 2 of this act.Conn. Gen. Stat. § 47-NEW
Added by P.A. 24-0101,S. 5 of the Connecticut Acts of the 2024 Regular Session, eff. 7/1/2024.