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Legal Q&As, New Laws, and Disclosure Charts

Legal articles, many in question and answer format, are currently available on over 150 subjects in 50-plus categories.


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Explore the implications of the landmark Burnett v NAR antitrust lawsuit's outcome for REALTORS®, the industry, and your business.


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If you're a member looking to resolve a minor dispute or communication issue with another REALTOR®, a C.A.R. ombudsman may be able to help!


Peer-to-Peer Ethics

C.A.R. REALTOR® volunteers are specifically trained and are available to answer questions from other members about the Code of Ethics, and can provide information and limited counseling concerning its proper interpretation.


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C.A.R.'s Legal Department, on a regular basis, creates legal articles for our members. These articles frequently are in question and answer format and are currently available on over 150 subjects in 50-plus categories. Sample topics are advertising, arbitration and mediation, broker practice, cold calling, contract issues, landlord-tenant law, procuring cause, real estate disclosures, and many more.

Search for a document below or click on the blue column header to sort the table in ascending or descending order.



If you need legal advice from an attorney and you are a member of C.A.R., please visit the Legal Hotline page and complete the form.

Recently, the membership of C.A.R. has increased tremendously with thousands of new real estate licensees joining the ranks of those contacting the Legal Hotline for free legal advice. As a result, the Legal Hotline is flooded with calls, faxes, and e-mail requests. Unfortunately that may mean a delay of several days before receiving a phone call from one of the real estate attorneys on our staff. Our call center representatives who answer the phones, process your requests and forward them to the attorneys would greatly appreciate your understanding and patience.



DISCLOSURE CHARTS

BANKS OFFERING TRUST ACCOUNTS

  • Banks Offering Trust Accounts 01/04/2022 (revised)

 

Category Title Date
Advertising Advertising 2017/06/19 (revised)
Advertising Advertising Your Services: Required Name and License Information 2019/08/13 (revised)
Advertising Do-Not-Call, Do-Not-Fax, Do-Not-Email Laws Affecting REALTORS® 2018/11/27 (revised)
Advertising Fictitious Business Names 2017/09/12 (revised)
 Advertising  June 15th Reopening: Open Houses and Showings 2021/06/22 (revised)
Advertising Lotteries and Raffles 2022/05/11 (revised)
Advertising Mortgage Loan Brokerage Advertising 2017/09/13 (revised)
Advertising Serving Alcohol at an Open House 2017/07/07 
Advertising Team Names 2019/02/28 (revised)
Agency Agency Law Summary Chart 2018/12/10 (revised)
Agency Agency Disclosure and Confirmation; and Agency Law Summary Chart 2018/12/07 (revised)
Arbitration & Mediation Arbitration for the Consumer 2022/05/23 (revised)
Arbitration & Mediation Mediation for the Consumer 2022/05/23 (revised)
Board of REALTORS® C.A.R. Bylaws (bylaws for the California Association of REALTORS®) 2018/10
Board of REALTORS® California Model Bylaws (redline) 2022/02 (revised)
Board of REALTORS® Limited Service Brokers and Open Listings 2019/02/26 (revised)
 Board of REALTORS® Board of Choice and MLS Participation  2022/02/10 
Broker Practices & Real Estate Office Issues Administration Fees under RESPA and the Unfair Competition Law 2018/03/06 (revised)
 Broker Practices & Real Estate Office Issues California AB 685: Notification to Employees About Potential Exposure to COVID-19  2021/01/12
Broker Practices & Real Estate Office Issues Changing Offices: Transfer of Listings & Buyers, and Procedures for Changing Brokerage 2021/11/13 (revised)
Broker Practices & Real Estate Office Issues Errors and Omissions (E&O) Insurance for REALTORS® 2018/06/07 (revised)
Broker Practices & Real Estate Office Issues Fictitious Business Names 2017/09/12 (revised)
Broker Practices & Real Estate Office Issues Independent Contractor Agreement and Tax Issues (under revision)
Broker Practices & Real Estate Office Issues Independent Contractor or Employee? 2021/01/27 (revised)
Broker Practices & Real Estate Office Issues Online Privacy Laws Affecting REALTORS® 2016/07/08 (revised)
Broker Practices & Real Estate Office Issues Presentation of Offers 2018/12/06 (revised)
Broker Practices & Real Estate Office Issues Protect Your Brokerage from Cybercrime 2022/04/26 (revised)
Broker Practices & Real Estate Office Issues Record Retention: How Long You Should Keep Documents 2018/06/25 (revised)
Broker Practices & Real Estate Office Issues  Re-opening the Real Estate Broker Office or AOR Office 2022/05/18 (revised)
Broker Practices & Real Estate Office Issues  Sample COVID-19 Prevention Plan for Re-opening a Real Estate Office 2022/05/18 (revised)
Broker Practices & Real Estate Office Issues The California Consumer Privacy Act 2019/12/09 (revised)
Broker Practices & Real Estate Office Issues The Right Business Entity for the Real Estate Professional: FAQs & Chart 2019/03/05 (revised)
Broker Practices & Real Estate Office Issues Team Names 2019/02/28 (revised)
Broker Practices & Real Estate Office Issues Trust Funds and Trust Accounts 2017/12/07 (revised)
Broker Practices & Real Estate Office Issues Workers' Compensation 2022/05/12 (revised)
Commissions Commissions 2022/05/12 (revised)
Commissions Broker Compensation Under the C.A.R. Residential Purchase Agreement (RPA) 2022/05/12 (revised)
Commissions Procuring Cause Guidelines 2019/12/05 (revised)
 Contracts and Forms Buyer Interest Letters and Unconscious or Implicit Bias:  Dos and Don’ts 2020/10/28 
Contracts and Forms Buyer Representation Agreements (C.A.R. Forms BRE, BRNE, BRNN) 2018/06/13 (revised)
Contracts and Forms Contingencies and Contingency Removal 2016/03/14 (revised)
Contracts and Forms Contract Law and Real Estate Transactions 2018/05/07 (revised)
Contracts and Forms Counter Offer Forms (C.A.R. Forms SCO, BCO and SMCO) 2022/04/11 (revised)
Contracts and Forms Escalation Clauses 2019/03/12 (revised)
Contracts and Forms How a Seller May Cancel a Purchase Agreement: Checklist and Q&A 2018/04/27 (revised)
Contracts and Forms Limited Service Brokers and Open Listings 2016/10/21 (revised)
Contracts and Forms Liquidated Damages and Deposit Disputes 2018/04/27 (revised)
Contracts and Forms Option Contracts and Leases with Option to Purchase 2018/06/13 (revised)
Contracts and Forms Request for Repair and Use of the RR and RRRR Forms 2016/06/16 (revised)
Contracts and Forms Residential Listing and Commission Agreements 2022/04/11 (revised)
Contracts and Forms RPA Timeline of Events (RPA-CA) under revision as of 9/24/2022
Contracts and Forms Seller Property Questionnaire: Summary of C.A.R. Form SPQ 2022/04/11 (revised)
Contracts and Forms C.A.R. Forms and Copyright Law 2022/04/11 (revised)
Contracts and Forms Standard Forms and Legal Q&A Correlation Chart 2018/03/13 (revised)
Contracts and Forms Statute of Limitations: Deadline on Time to Sue 2022/04/11 (revised)
Contracts and Forms Use of an "As Is" Clause 2016/03/18 (revised)
Contracts and Forms Wood Destroying Pest and Organisms Inspections, Reports and Repairs 2019/03/12 (revised)
 Contracts and Forms The New RPA - 21 Big Differences in 21 Tweets 2022/01/31 (revised)
Copyright C.A.R. Forms and Copyright Law 2022/04/11 (revised)
Disasters Fires: Basic Real Estate Legal Issues 2020/08/26 (revised)
Disclosure Carbon Monoxide Detectors 2022/04/28 (revised)
 Disclosure Defensible Space Law 2021/06/24 (revised)
Disclosure Disclosure Issues Related to Residential Care Facilities and Day Care Homes 2022/05/17 (revised)
Disclosure Disclosure of Death and AIDS and the Prohibition Against Discrimination on the Basis of AIDS 2018/06/18 (revised)
Disclosure Federal Lead-Based Paint Hazard Disclosures 2017/01/26 (revised) 
Disclosure Guide to Loan Disclosures 2018/07/17 (revised)
Disclosure Home Hardening Fire Disclosure 2022/04/28 (revised)
Disclosure Lease-Rental Disclosure Chart for REALTORS® 2021/01/08 (revised)
Disclosure  Megan's Law: Disclosure of Registered Sex Offenders 2017/03/22 (revised)
Disclosure Natural Hazard Disclosure Statement 2018/12/11 (revised)
Disclosure New Home (Residential One-to-Four Units) Disclosure Chart 2021/01/05 (revised)
Disclosure Real Estate Licensee's Duty to Inspect Residential Property 2018/12/12 (revised)
Disclosure REO Disclosure Chart 2021/05/25 (revised)
Disclosure Sales Disclosure Chart for REALTORS® 2021/05/24 (revised)
Disclosure Seller Property Questionnaire: Summary of C.A.R. Form SPQ 2022/04/11 (revised)
Disclosure Smoke Alarm Requirements 2019/03/11 (revised)
Disclosure Summary Disclosure Chart for REALTORS® 2021/05/25 (revised)
Disclosure Transfer Disclosure Statement Exemptions 2018/12/20 (revised)
Disclosure Transfer Disclosure Statement Law (TDS)  2020/04/22 (revised)
Disclosure Water-Conserving Plumbing Fixtures 2016/12/08 (revised)
 Disclosure  Wood Burning Heaters, Stoves and Fireplaces in San Joaquin Valley 2022/01/24 (revised)
Environmental Hazards Giving Notice to Employees About the Presence of Asbestos 2016/07/14 (revised)
Environmental Hazards Home Environmental Hazards (Brief Overview) 2018/02/06 (revised)
Environmental Hazards  Mold and Its Impact on Real Estate Transactions 2021/10/15 (revised)
Fair Housing  Buyer Interest Letters and Unconscious or Implicit Bias:  Dos and Don’ts 2020/10/28 
Fair Housing   Landlord-Tenant Law:
Pets and Assistance (Service and Emotional Support) Animals
2021/09/20 (revised)
Fair Housing  Mandatory Section 8 and Source of Income Discrimination 2020/06/16
 Fair Housing  Section 8 Housing Choice Voucher Program 2022/04/11
Fair Housing  Summary of Fair Housing Laws 2020/01/06
Fair Housing 

The Code of Ethics Now Prohibits Hate Speech by REALTORS®:
What You Need to Know

2020/11/13 
Financing Good Faith Estimates and HUD-1 Statements 2015/10/09 (revised) 
Financing Loan Estimate and Closing Disclosures Forms 2019/04/04 (revised) 
Financing PACE Programs and Solar Leases 2019/04/26 (revised)
Financing Predatory Lending: The High Cost Mortgage Disclosure 2019/03/27 (revised)
Financing Predatory Lending: The California Covered Loan Law 2017/01/30 (revised)
Financing Privacy of Consumer Financial Information 2016/07/13 (revised)
Financing Regulation Z: Loan Originator Compensation Requirements 2019/03/27 (revised)
Financing Regulation Z: Ability to Repay Standard for Loans 2019/04/24 (revised)
Financing Seller Financing 2018/02/20 (revised)
Foreclosures and Short Sales Bankruptcy and Real Estate Transactions 2018/02/28 (revised)
Foreclosures and Short Sales Deficiency Judgment Chart After Foreclosure 2017/09/26 (revised)
Foreclosures and Short Sales Foreclosure Timeline 2018/05/10 (revised) 
Foreclosures and Short Sales NOD & Investor Transactions: Home Equity Sales Contracts  2017/02/24 (revised)
Foreclosures and Short Sales Rental Property and Foreclosure 2021/02/10 (revised)
Foreclosures and Short Sales REO Disclosure Chart 2019/01/10 (revised)
Foreclosures and Short Sales REO Transactions 2019/03/08 (revised)
Foreclosures and Short Sales Short Sales 2018/02/28 (revised)
Foreclosures and Short Sales The California Homeowner Bill of Rights 2019/02/26 (revised)
Homeowners' Associations Condominium and Other Common Interest Development Disclosures 2019/03/11 (revised)
Homeowners' Associations Homeowners' Associations: A Guide for REALTORS® 2021/04/26 (revised)
Insurance Errors and Omissions (E&O) Insurance for REALTORS® 2018/06/07 (revised)
Insurance Workers' Compensation 2016/07/18 (revised)
Internet  Conducting Corporate Online Meetings for Associations and other Nonprofit Organizations 2020/03/12 (revised)
Internet Online Privacy Laws Affecting REALTORS® 2019/07/24 (revised) 
Landlord-Tenant and Property Management Landlord-Tenant Guide for REALTORS® 2019/11/25 (revised)
Landlord-Tenant and Property Management Abandoned Personal Property After Termination of a Tenancy 2018/12/10 (revised)
Landlord-Tenant and Property Management Abandoned Rental Real Property 2016/09/02 (revised) 
 Landlord-Tenant Property Management COVID-19 Tenant Relief Act of 2020 (Part of AB 3088) 2021/07/02 (revised)
 Landlord-Tenant Property Management

Eviction Moratorium Extension and State Rental Assistance Program - SB 91 

2021/07/02 (revised) 
Landlord-Tenant and Property Management Foreign Investor Property Owner Withholding 2018/02/28 (revised)
Landlord-Tenant and Property Management Landlord-Tenant Law:
Pets and Assistance (Service and Emotional Support) Animals
2021/09/20 (revised)
Landlord-Tenant and Property Management Landlords and Employee Notice of Asbestos 2018/07/09 
Landlord-Tenant and Property Management Lease/Rental Disclosure Chart for REALTORS® 2019/11/13 (revised)
Landlord-Tenant and Property
Management 
Mandatory Section 8 and Source of Income Discrimination 2020/06/16
Landlord-Tenant and Property Management Marijuana Issues for REALTORS® 2018/01/04 (revised)
Landlord-Tenant and Property Management Nonresident Property Owner Withholding 2016/09/06 (revised)
Landlord-Tenant and Property Management Option Contracts and Leases with Option to Purchase 2016/07/28 (revised)
Landlord-Tenant and Property
Management
Property Managers and the Contractor's Licensing Law 2018/03/02 (revised)
Landlord-Tenant and Property Management Property Management Frequently Asked Questions 2019/11/26 (revised)
Landlord-Tenant and Property Management Proposition 65 Warnings 2019/04/25 (revised)
Landlord-Tenant and Property Management Rent Cap and Just Cause Eviction Law (Rent Control, AB 1482) 2022/05/13 (revised)
Landlord-Tenant and Property Management Rental Property and Foreclosure 2016/09/02 (revised)
Landlord-Tenant and Property Management Requirements When Using Consumer Reports Credit Scores to Screen Tenants 2020/01/17 (revised) 
Landlord-Tenant and Property Management Residential Rent Control Relief Law 2019/11/27 (revised)
Landlord-Tenant and Property Management Security Deposits 2019/11/25 (revised)
Landlord-Tenant and Property Management 

State Rent Moratorium, the COVID Rental Housing Recovery Act (AB 832),
and AB 2179

2022/04/04 (revised) 
Landlord-Tenant and Property Management Unlawful Detainer: The Eviction Process in California 2018/12/17 (revised)
Landlord-Tenant and Property Management Vacation Rentals 2019/05/17 (revised)
Licensing License Application and Renewal for REALTORS® 2018/04/27 (revised)
Licensing Licensing Chart for REALTORS® 2016/09/19 (revised)
Licensing Licensing Guide for REALTORS® 2018/02/23 (revised)
Licensing Mortgage Loan Activities 2016/08/15 (revised)
Licensing Unlicensed Assistants 2018/01/09 (revised)
Miscellaneous Bankruptcy and Real Estate Transactions 2018/02/28 (revised)
Miscellaneous Marijuana Issues for REALTORS® 2018/01/04 (revised)
Miscellaneous Member Legal Hotline 2017/02/13 (revised)
Miscellaneous More Frequently-Asked Hotline Questions 2019/04/15
Miscellaneous PACE Programs and Solar Leases 2017/12/01 (revised)
 Miscellaneous SB 9: Ministerial Urban Lot Splits and Duplexes 2021/10/01 (revised)
Miscellaneous SB 800: California's Construction Defect Law 2019/04/04 (revised)
Miscellaneous Serving Alcohol at an Open House
2017/07/07 
Miscellaneous Servicemembers Civil Relief Act 2017/03/02 (revised)
Miscellaneous Small Claims Court 2019/04/15 (revised)
Miscellaneous Standard Forms and Legal Q&A Correlation Chart 2018/03/13 (revised)
Miscellaneous Swimming Pool Safety Act and Home Inspections 2021/09/10 (revised)
Miscellaneous Ten Frequently-Asked Hotline Questions 2017/01/27 (revised)
Miscellaneous Usury Law and the Real Estate Broker Exemption 2016/09/19 (revised)
MLS California Model MLS Rules 2022/01/27 (revised)
MLS Days on Market and Relisting or "Churning" a Listing under revision
MLS Pocket Listings under revision
MLS Submitting Listings to the MLS 2022/02/08 (revised)
Mobilehomes Mobilehomes 2017/11/19 (revised)
 New Laws  2022 New Laws 2021/10/11
New Laws 2021 New Laws 2020/10/01
New Laws 2020 New Laws 2019/10/16
New Laws 2019 New Laws 2019/04/12 (revised)
New Laws 2018 New Laws 2017/10/16 
New Laws 2017 New Laws 2016/10/05
New Laws 2016 New Laws 2015/10/19
New Laws 2019 Real Estate Clean Up Law Changes 2018/11/20 (revised)
Probate Probate Commission Chart 2016/03/23 (revised)
Probate Probate Sales of Real Property 2016/03/14 (revised)
Probate The Revocable Transfer on Death Deed and Statutory FAQs 2021/06/08 (revised)
Property Tax Property Tax Assistance for Seniors 2016/09/02 (revised)
 Property Tax

Property Tax Exemptions From Reassessment and Prop 19 Implementing Legislations

2021/10/01 (revised)
Property Tax The Affordable Housing Funding Document Recording Fee 2017/09/14
Real Property & Title Lis Pendens 2018/03/13 (revised)
Real Property & Title Mechanics' Liens 2018/01/02 (revised)
Real Property & Title Transferring Title To Real Property 2020/03/05 (revised)
Real Property & Title Trees 2017/02/15
Referral Fees & RESPA Issues Referral Fees & RESPA 2020/12/11 (revised)
Referral Fees & RESPA Issues Referral Fee Chart 2017/01/26 (revised)
Referral Fees & RESPA Issues Administrative Fees under RESPA and the Unfair Competition Law 2018/03/06 (revised)
Subdivisions Homeowners' Associations: A Guide for REALTORS ® 2021/04/26 (revised)
Subdivisions Subdivision Applicability Chart 2017/03/22 (revised)
Tax 2018 Tax Reform Law Chart 2019/01/22 (revised)
Tax American Taxpayer Relief Act of 2012 - The "Fiscal Cliff" Law 2017/02/10 (revised)
Tax California Withholding Tax on the Sale of Real Property 2018/09/12 (revised)
Tax Capital Gains Tax 2018/02/08 (revised)
Tax Federal Withholding: The Foreign Investment in Real Property Tax Act (FIRPTA) 2020/12/10 (revised)
Tax Homebuyer Tax Credit Chart 2016/06/30 (revised)
Tax Internal Revenue Code Section 1031: Tax Deferred Exchanges 2018/02/13 (revised)
Tax IRS Form 1099-MISC Reporting for REALTORS® 2016/02/26 (revised) 
Tax Nonresident Property Owner Withholding 2016/09/06 (revised)
Tax Opportunity Zones 2019/02/06
Tax Property Tax Assistance for Seniors 2016/09/02
Tax The Affordable Housing Funding Document Recording Fee 2017/09/14
Tax Tax Cuts and Jobs Act - In Brief 2019/01/22 (revised)
Tax Tax Cuts and Jobs Act - Highlights and In Depth 2019/01/22 (revised)

Although the articles contain very valuable information, they are not regularly updated and, thus, it is imperative that members verify the accuracy of the legal information by consulting an attorney on the C.A.R. Legal Hotline.

For any questions regarding this Web page, please contact Legal Editor, Neil D. Kalin, Esq. Please be sure to include your full name, office, and your member number in your e-mail.


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