Colli v. Real Estate Commission
Colli v. Real Estate Commission
Opinion of the Court
The plaintiffs, licensed real estate brokers, appealed to the Court of Common Pleas from the defendant’s decision that the plaintiffs had violated § 20-328-3 of the Regulations of Connecticut State Agencies which prohibits any real estate licensee from negotiating the sale or exchange of real property with an owner known to have an outstanding “exclusive listing contract” with another licensee covering that same property. The state real estate commission found that such violation by the plaintiffs was not in the best interests of the public or the real estate industry and issued a warning to the plaintiffs that any similar violations in the future would be grounds for the suspension or revocation of their licenses. The trial court dismissed the appeal. Prom that judgment the plaintiffs have appealed to this court.
The material facts are not in dispute. On April 17,1973, Mrs. Josepha Wuyts executed an “exclusive agency listing” agreement with Leighton Realty for the sale of her home located in Ledyard, Connecticut. During the term of an “exclusive agency listing” agreement, the contracting real estate agent is the only agent having a right to sell the prop
From the foregoing facts, the trial court concluded that the commission did not err in finding that the plaintiffs had violated § 20-328-3 of the regulations
In order to appeal from a decision or order of the commission, a party must be aggrieved by that decision or order. General Statutes § 20-322. In
The plaintiffs’ claim regarding the commission’s lack of jurisdiction over them is based upon their interpretation of §§ 20-311 and 20-320 of chapter 392 of the General Statutes. Section 20-320 provides in pertinent part: “The commission may . . . investigate the actions of any real estate broker or real
The scope of the commission’s jurisdiction is dependent upon the wording used in the statutes. See Johnson v. Mortenson, 110 Conn. 221, 225, 147 A. 705. The authority of the commission to suspend or revoke licenses is primarily derived from § 20-320.
The language of § 20-320 is unambiguous. The defendant commission may investigate the actions of “any real estate broker.” Since both plaintiffs were “licensed brokers,” the commission had authority to investigate the transaction involving Mrs. Wuyts. The statute further provides that the commission may suspend or revoke licenses when it finds that the licensee, “in performing or attempting to perform any of the actions enumerated in section 20-311,” is guilty of certain listed offenses. That language, however, confers no authority upon the commission to revoke or suspend licenses unless the listed offenses occurred while
Section 20-311 in turn defines a real estate broker by describing the activities in which a broker would reasonably be expected to engage. The common denominator applicable to each of the described activities is that the activity must be engaged in “for another and for a fee, commission or other valuable consideration.” A person negotiating a purchase for himself or on behalf of his corporation is not included within this definition. When §§ 20-311 and 20-320 are read together, the plain import of the language is that the commission has jurisdiction to revoke a broker’s license pursuant to § 20-320 only if he is found guilty of a listed offense which was perpetrated while he was performing or attempting to perform “for another and for a fee,” that is, only while acting in his capacity as a broker.
There is no question that the licensing provisions of chapter 392 are designed to allow “ ‘supervision and regulation of the real estate business and make possible the elimination of the incompetent and unscrupulous agent.’” Metropolitan Casualty Co. v. Billings, supra, 607-608, quoting from Cyphers v. Allyn, 142 Conn. 699, 704, 118 A.2d 318; see 5 H.R. Proc., 1953 Sess., pt. 6, pp. 2381-90. The commission maintains that it is contrary to these purposes to regard § 20-311 as imposing restrictions on the commission’s authority; that the legislature intended that the defendant be vested with liberal discretion to ensure the integrity of the real estate profession; and that once a broker has been licensed, he should not be permitted to avoid the clear
The intention of the legislature is found not in what it meant to say, but in the meaning of what it did say. Hartford Electric Light Co. v. Water Resources Commission, supra, 98; Schwab v. Zoning Board of Appeals, 154 Conn. 479, 482, 226 A.2d 506. It is not the function of the court to speculate upon any supposed intention not appropriately expressed in the act itself. Jarvis Acres, Inc. v. Zoning Commission, 163 Conn. 41, 48, 301 A.2d 244. It may very well be that the legislature intended to confer jurisdiction upon the commission to revoke licenses for reasons unrelated to brokerage activities, but that intention has not been expressed in the language of the statutes. We are not permitted to supply a statutory omission merely because we feel there is good reason to do so. The commission’s remedy lies with the General Assembly, not with the court. See United Aircraft Corporation v. Fusari, 163 Conn. 401, 414, 311 A.2d 65; Bailey v. Mars, 138 Conn. 593, 598, 87 A.2d 388.
The commission determined that Colli violated regulation § 20-328-3 by negotiating for the sale or exchange of property “knowing that such owner had an outstanding listing contract.” The record shows that upon learning of the outstanding exclusive listing, Colli’s efforts to perform “for another and for a fee” ceased. The activities complained of here were not undertaken by the plaintiffs in their capacity as brokers, but as principals, and the commission lacked jurisdiction to revoke or suspend their licenses for violations of its regulations related thereto. It follows, then, that the com
There is error; the judgment is set aside and the case is remanded with direction to sustain the appeal.
In this opinion Loiselle, MacDonald and Longo, Js., concurred.
Section 20-328-3 of the- Regulations of Connecticut State Agencies concerning the “Conduct of Real Estate Brokers and Salesmen” states: “No licensee shall negotiate or attempt to negotiate the sale, exchange or lease of any real property directly with an owner or lessor knowing that such owner or lessor has an outstanding exclusive listing contract with another licensee covering the same property.”
See also § 20-323 of the General Statutes which requires the commission to revoke licenses upon the licensee’s conviction of certain crimes. The crimes, however, rather than being specifically delineated, are described as “any of the offenses enumerated in subsection (8) of section 20-320.”
Dissenting Opinion
(dissenting). In my view, the record in this case is not sufficient to permit a decision on the merits of the appeal. Although the plaintiffs alleged in their complaint that they purchased the property as principals and not in performance of their business as licensed real estate brokers, there is no finding by the commission that this was in fact the case. Also, although the plaintiffs alleged that they were aggrieved by the order of the defendant commission, the defendant denied this allegation, thus putting the question of aggrievement in issue. Aggrievement is a jurisdictional condition precedent to the taking of an appeal to the Court of Common Pleas; General Statutes §§ 20-322, 20-324j, 20-3291 and 20-329aa; and a question of fact for that court to determine. I. R. Stich Associates, Inc. v. Town Council, 155 Conn. 1, 3, 229 A.2d 545; Luery v. Zoning Board, 150 Conn. 136, 140, 187 A.2d 247; Fox v. Zoning Board of Appeals, 146 Conn. 665, 667, 154 A.2d 520. The court made no finding with respect to aggrievement. “Proof of aggrievement was an essential prerequisite to the court’s jurisdiction of the subject
Reference
- Full Case Name
- Gerard R. Colli Et Al. v. Real Estate Commission
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- Published