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Enforcement ActionLow RiskMultistate

CT AG Seeks Ban on MV Realty's Predatory 40-Year Listing Agreements

MV RealtyFebruary 29, 2024Connecticut Attorney General

Consumers Affected

400

Summary

Connecticut Attorney General William Tong announced legislative action to ban 40-year exclusive real estate listing agreements following an investigation into MV Realty that uncovered nearly 400 deceptive contracts. The company targeted lower-income homeowners with small cash payments for long-term liens, imposing steep penalties for cancellation or independent sales, and often failed to provide proper disclosure or copies of agreements.

Remedy

The proposed legislation would ban multi-year exclusive listing agreements, limit such contracts to one year, prohibit recording them on land records, nullify all existing agreements, and authorize the Attorney General and homeowners to seek removal of existing liens and restitution for affected consumers.

InjunctionBanConsumer Refunds

Contract Impact

In-house legal teams should review all residential real estate listing agreements, particularly those with vendors or partners in the real estate sector. Focus on clauses governing exclusivity duration (e.g., terms exceeding 1-2 years), cancellation/termination penalties (especially percentage-based fees tied to property value), lien provisions that record interests on property titles, and disclosure obligations regarding fees, penalties, and the nature of services (e.g., whether the party acts as a listing agent or merely posts to MLS). Given the predatory structure uncovered—small cash payments for 40-year exclusive rights with draconian exit penalties—contracts may need renegotiation to cap or eliminate penalties, shorten exclusivity terms, ensure clear and conspicuous disclosures, and remove improper lien mechanisms. Employee or vendor agreements involving real estate referrals or partnerships should also be scrutinized for similar risky clauses.

Contract Search Terms

exclusive listing agreementcancellation penaltylienscash advanceHomeowner Benefit Agreementsmultiple listing service (MLS)disclosure requirementspredatory real estate practiceslong-term listing contractsreal estate disclosure

Violation Types

Entity Details

Entity

MV Realty

Industry

Real Estate

Multistate Coalition

Official Sources

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