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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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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.
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NEW LAWS
DISCLOSURE CHARTS
Sales Disclosure Checklist 01/02/2024 (revised)
REO Disclosure Chart 01/02/2024 (revised)
Lease/Rental Disclosure Chart 01/02/2024 (revised)
New Home Disclosure Chart 01/02/2024 (revised)
Sales Disclosure Chart 02/16/2024 (revised)
Summary Disclosure Chart 01/02/2024 (revised)
BANKS OFFERING TRUST ACCOUNTS
| Category | Title | Date |
|---|---|---|
| Advertising | Advertising | 2023/07/14 (revised) |
| Advertising | Advertising Your Services: Required Name and License Information | 2022/08/11 (revised) |
| Advertising | Do-Not-Call, Do-Not-Fax, Do-Not-Email Laws Affecting REALTORS® | 2024/07/11 (revised) |
| Advertising | Fictitious Business Names | 2022/11/11 (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 | 2022/11/30 (revised) |
| Advertising | Serving Alcohol at an Open House | 2022/07/28 (revised) |
| Advertising | Team Names | 2022/04/29 (revised) |
| Agency | Agency Law Summary Chart | 2024/04/10 (revised) |
| Agency | Agency Disclosure and Confirmation; and Agency Law Summary Chart | 2024/04/10 (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®) | 2022/04/28 (revised) |
| Board of REALTORS® | California Model Bylaws (redline) | 2022/02 (revised) |
| Board of REALTORS® | Limited Service Brokers and Open Listings | under revision |
| 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 | 2023/06/30 (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® | 2023/08/02 |
| Broker Practices & Real Estate Office Issues | Fictitious Business Names | 2022/11/11 (revised) |
| Broker Practices & Real Estate Office Issues | Independent Contractor Agreement and Tax Issues | under revision |
| Broker Practices & Real Estate Office Issues | Online Privacy Laws Affecting REALTORS® | 2019/07/24 (revised) |
| Broker Practices & Real Estate Office Issues | Presentation of Offers | 2024/07/11 (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 | 2022/05/31 (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 | 2023/06/28 (revised) |
| Broker Practices & Real Estate Office Issues | The Right Business Entity for the Real Estate Professional: FAQs & Chart | 2023/07/10 (revised) |
| Broker Practices & Real Estate Office Issues | Team Names | 2022/04/29 (revised) |
| Broker Practices & Real Estate Office Issues | Trust Funds and Trust Accounts | 2022/05/31 (revised) |
| Broker Practices & Real Estate Office Issues | Workers' Compensation | 2022/05/12 (revised) |
| Commissions | Commissions | under revision |
| Commissions | Broker Compensation under C.A.R Form RPA | under revision |
| Commissions | Procuring Cause Guidelines | under revision |
| Contracts and Forms | Buyer Interest Letters and Unconscious or Implicit Bias: Dos and Don’ts | 2020/10/28 |
| Contracts and Forms |
Buyer Representation and Broker Compensation Agreement (C.A.R. Form BRBC) |
under revision |
| Contracts and Forms | Contingencies and Contingency Removal | 2023/01/06 (revised) |
| Contracts and Forms | Contract Law and Real Estate Transactions | 2022/06/06 (revised) |
| Contracts and Forms | Counter Offer Forms (C.A.R. Forms SCO, BCO and SMCO) | 2022/05/31 (revised) |
| Contracts and Forms | Escalation Clauses | 2023/06/30 (revised) |
| Contracts and Forms | How a Seller May Cancel a Purchase Agreement: Checklist and Q&A | 2022/05/31 (revised) |
| Contracts and Forms | Limited Service Brokers and Open Listings | under revision |
| Contracts and Forms | Liquidated Damages and Deposit Disputes | 2022/06/09 (revised) |
| Contracts and Forms | Option Contracts and Leases with Option to Purchase | 2022/06/09 (revised) |
| Contracts and Forms | Request for Repair and Use of the RR and RRRR Forms | 2022/06/08 (revised) |
| Contracts and Forms | Residential Listing and Commission Agreements | 2024/04/10 (revised) |
| Contracts and Forms | RPA Timeline of Events (RPA-CA) | 2022/09/27 (revised) |
| 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 | 2022/06/06 (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 | 2022/05/31 (revised) |
| Contracts and Forms | Wood Destroying Pest and Organisms Inspections, Reports and Repairs | 2023/07/28 (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 | 2023/07/27 (revised) |
| Disclosure | Disclosure Issues Related to Residential Care Facilities and Day Care Homes | 2024/02/29 (revised) |
| Disclosure | Disclosure of Death and AIDS and the Prohibition Against Discrimination on the Basis of AIDS | 2022/05/31 (revised) |
| Disclosure | Federal Lead-Based Paint Hazard Disclosures | 2023/06/28 (revised) |
| Disclosure | Guide to Loan Disclosures | 2022/08/31 (revised) |
| Disclosure | Home Hardening Fire Disclosure | 2022/04/28 (revised) |
| Disclosure | Lead-Based Paint Renovation Rule | 2022/06/22 (revised) |
| Disclosure | Lease-Rental Disclosure Chart for REALTORS® | 2022/06/10 (revised) |
| Disclosure | Megan's Law: Disclosure of Registered Sex Offenders | 2022/07/15 (revised) |
| Disclosure | Natural Hazard Disclosure Statement | 2022/01/03 (revised) |
| Disclosure | New Home (Residential One-to-Four Units) Disclosure Chart | 2022/06/10 (revised) |
| Disclosure | Real Estate Licensee's Duty to Inspect Residential Property | 2022/01/03 (revised) |
| Disclosure | REO Disclosure Chart | 2022/06/10 (revised) |
| Disclosure | Sales Disclosure Chart for REALTORS® | 2022/06/10 (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® | 2022/06/10 (revised) |
| Disclosure | Transfer Disclosure Statement Exemptions | 2023/08/28 (revised) |
| Disclosure | Transfer Disclosure Statement Law (TDS) | 2023/08/28 (revised) |
| Disclosure | Water-Conserving Plumbing Fixtures | 2022/08/05 (revised) |
| Disclosure | Wood Burning Heaters, Stoves and Fireplaces in San Joaquin Valley | 2022/01/24 (revised) |
| Disclosure | Mello-Roos District and 1915 Bond Act Disclosure Requirement | 2022/06/17 (revised) |
| Environmental Hazards | Giving Notice to Employees About the Presence of Asbestos | 2022/12/10 (revised) |
| Environmental Hazards | Home Environmental Hazards (Brief Overview) | 2022/12/19 (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 | 2024/01/18 (revised) |
| Fair Housing | Section 8 Housing Choice Voucher Program | 2024/01/19 (revised) |
| Fair Housing | Summary of Fair Housing Laws | 2024/02/05 (revised) |
| Fair Housing |
The Code of Ethics Now Prohibits Hate Speech by REALTORS®: |
2020/11/13 |
| Financing | Good Faith Estimates and HUD-1 Statements | 2023/07/17 (revised) |
| Financing | Loan Estimate and Closing Disclosures Forms | 2023/11/04 (revised) |
| Financing | PACE Programs and Solar Leases | 2019/04/26 (revised) |
| Financing | Predatory Lending: The High Cost Mortgage Disclosure | 2023/11/29 (revised) |
| Financing | Predatory Lending: The California Covered Loan Law | 2022/11/15 (revised) |
| Financing | Privacy of Consumer Financial Information | 2023/09/19 (revised) |
| Financing | Regulation Z: Loan Originator Compensation Requirements | 2023/11/29 (revised) |
| Financing | Regulation Z: Ability to Repay Standard for Loans | 2019/04/24 (revised) |
| Financing | Seller Financing | 2022/07/29 (revised) |
| Foreclosures and Short Sales | Bankruptcy and Real Estate Transactions | 2022/11/29 (revised) |
| Foreclosures and Short Sales | Deficiency Judgment Chart After Foreclosure | 2023/07/03 (revised) |
| Foreclosures and Short Sales | Foreclosure Timeline | 2023/06/02 (revised) |
| Foreclosures and Short Sales | NOD & Investor Transactions: Home Equity Sales Contracts | 2022/07/31 (revised) |
| Foreclosures and Short Sales | Rental Property and Foreclosure | 2021/02/10 (revised) |
| Foreclosures and Short Sales | REO Disclosure Chart | 2022/06/10 (revised) |
| Foreclosures and Short Sales | REO Transactions | 2019/03/08 (revised) |
| Foreclosures and Short Sales | Short Sales | 2022/08/16 (revised) |
| Foreclosures and Short Sales | Short Sale Negotiators | 2022/11/30 (revised) |
| Foreclosures and Short Sales | The California Homeowner Bill of Rights | 2023/07/13 (revised) |
| Homeowners' Associations | Condominium and Other Common Interest Development Disclosures | 2023/7/14 (revised) |
| Homeowners' Associations | Homeowners' Associations: A Guide for REALTORS® | 2021/04/26 (revised) |
| Insurance | Errors and Omissions (E&O) Insurance for REALTORS® | 2023/08/02 |
| Insurance | Workers' Compensation | 2022/05/12 (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) |
| Internet | Security Breach of Computerized Records with Personal Data | 2023/08/11 (revised) |
| Landlord-Tenant and Property Management | Landlord-Tenant Guide for REALTORS® | 2023/10/13 (revised) |
| Landlord-Tenant and Property Management | Abandoned Personal Property After Termination of a Tenancy | 2022/12/10 (revised) |
| Landlord-Tenant and Property Management | Abandoned Rental Real Property | 2023/07/13 (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 | 2023/07/19 (revised) |
| Landlord-Tenant and Property Management | Landlord-Tenant Law: Pets and Assistance (Service and Emotional Support) Animals |
2024/02/8 (revised) |
| Landlord-Tenant and Property Management | Landlords and Employee Notice of Asbestos | 2022/12/10 |
| Landlord-Tenant and Property Management | Lease/Rental Disclosure Chart for REALTORS® | 2022/06/10 (revised) |
| Landlord-Tenant and Property Management |
Mandatory Section 8 and Source of Income Discrimination | 2024/01/18 (revised) |
| Landlord-Tenant and Property Management | Marijuana Issues for REALTORS® | 2018/01/04 (revised) |
| Landlord-Tenant and Property Management | Nonresident Property Owner Withholding | 2022/07/31 (revised) |
| Landlord-Tenant and Property Management | Option Contracts and Leases with Option to Purchase | 2022/06/09 (revised) |
| Landlord-Tenant and Property Management |
Property Managers and the Contractor's Licensing Law | 2022/12/16 (revised) |
| Landlord-Tenant and Property Management | Property Management Frequently Asked Questions | 2023/11/08 (revised) |
| Landlord-Tenant and Property Management | Proposition 65 Warnings | 2023/12/08 (revised) |
| Landlord-Tenant and Property Management | 2024/13/06 (revised) | |
| Landlord-Tenant and Property Management | Rental Property and Foreclosure | 2021/02/10 (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 | 2023/12/08 (revised) |
| Landlord-Tenant and Property Management | Security Deposits | 2023/12/04 (revised) |
| Landlord-Tenant and Property Management |
State Rent Moratorium, the COVID Rental Housing Recovery Act (AB 832), |
2022/07/01 (revised) |
| Landlord-Tenant and Property Management | Unlawful Detainer: The Eviction Process in California | 2022/08/01 (revised) |
| Landlord-Tenant and Property Management | Vacation Rentals | 2023/11/08 (revised) |
| Licensing | License Application and Renewal for REALTORS® | 2023/07/14 (revised) |
| Licensing | Licensing Chart for REALTORS® | 2022/12/14 (revised) |
| Licensing | Licensing Guide for REALTORS® | 2024/01/12 (revised) |
| Licensing | Mortgage Loan Activities | 2022/11/09 (revised) |
| Licensing | Unlicensed Assistants | 2022/04/29 (revised) |
| Miscellaneous | Bankruptcy and Real Estate Transactions | 2022/11/29 (revised) |
| Miscellaneous | Marijuana Issues for REALTORS® | 2018/01/04 (revised) |
| Miscellaneous | Member Legal Hotline | 2022/12/15 (revised) |
| Miscellaneous | More Frequently-Asked Hotline Questions | 2023/11/08 (revised) |
| Miscellaneous | PACE Programs and Solar Leases | 2019/04/26 (revised) |
| Miscellaneous | SB 9: Ministerial Urban Lot Splits and Duplexes | 2021/10/01 (revised) |
| Miscellaneous | SB 800: California's Construction Defect Law | 2023/11/09 (revised) |
| Miscellaneous | Servicemembers Civil Relief Act | 2023/09/06 (revised) |
| Miscellaneous | Small Claims Court | 2023/10/16 (revised) |
| Miscellaneous | Standard Forms and Legal Q&A Correlation Chart | 2022/06/06 (revised) |
| Miscellaneous | Swimming Pool Safety Act and Home Inspections | 2021/09/10 (revised) |
| Miscellaneous | Ten Frequently-Asked Hotline Questions | 2024/04/10 (revised) |
| Miscellaneous | Usury Law and the Real Estate Broker Exemption | 2023/07/10 (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 | 2024/7/11 (revised) |
| New Laws | 2024 New Laws | 2023/12/06 (revised) |
| New Laws | 2023 New Laws | 2022/11/16 (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 | 2022/12/15 (revised) |
| Probate | Probate Commission Chart | under revision |
| Probate | Probate Sales of Real Property | under revision |
| Probate | The Revocable Transfer on Death Deed and Statutory FAQs | 2021/06/08 (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 | 2022/08/06 (revised) |
| Real Property & Title | Lis Pendens | 2023/07/13 (revised) |
| Real Property & Title | Mechanics' Liens | 2023/07/14 (revised) |
| Real Property & Title | Transferring Title To Real Property | 2020/03/05 (revised) |
| Real Property & Title | Trees | 2022/07/11 |
| Referral Fees & RESPA Issues | Referral Fees & RESPA | 2020/12/11 (revised) |
| Referral Fees & RESPA Issues | Referral Fee Chart | 2023/07/14 (revised) |
| Referral Fees & RESPA Issues | Administrative Fees under RESPA and the Unfair Competition Law | 2023/06/30 (revised) |
| Subdivisions | Homeowners' Associations: A Guide for REALTORS ® | 2021/04/26 (revised) |
| Subdivisions | Subdivision Applicability Chart | 2023/07/18 (revised) |
| Tax | The 2018 Tax Cuts and Jobs Act Tax Reform Law Chart | 2023/07/19 (revised) |
| Tax | American Taxpayer Relief Act of 2012 - The "Fiscal Cliff" Law | 2022/04/29 (revised) |
| Tax | California Withholding Tax on the Sale of Real Property | 2023/07/13 (revised) |
| Tax | Capital Gains Tax | 2023/07/25 (revised) |
| Tax | Federal Withholding: The Foreign Investment in Real Property Tax Act (FIRPTA) | 2020/12/10 (revised) |
| Tax | Homebuyer Tax Credit Chart | 2023/06/29 (revised) |
| Tax | Internal Revenue Code Section 1031: Tax Deferred Exchanges | 2023/07/14 (revised) |
| Tax | IRS Form 1099-MISC Reporting for REALTORS® | 2023/06/29 (revised) |
| Tax | Nonresident Property Owner Withholding | 2022/07/31 (revised) |
| Tax | Opportunity Zones | 2022/07/12 (revised) |
| Tax | The Affordable Housing Funding Document Recording Fee | 2022/08/06 (revised) |
| Tax | Tax Cuts and Jobs Act - In Brief | 2023/07/13 (revised) |
| Tax | Tax Cuts and Jobs Act - Highlights and In Depth | 2023/07/14 (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.
