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Legal Q&As, New Laws, and Disclosure Charts

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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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Legal Q&As, New Laws, and Disclosure Charts

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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.




NEW LAWS


DISCLOSURE CHARTS

 

BANKS OFFERING TRUST ACCOUNTS

  • Banks Offering Trust Accounts (revision in progress)

 

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 Open Houses in a Post-NAR Settlement World 2024/07/18 
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®:
What You Need to Know

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 2024/08/19 (revised)
Landlord-Tenant and Property Management Proposition 65 Warnings 2023/12/08 (revised)
Landlord-Tenant and Property Management 2024/06/13 (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 2024/12/05 (revised)
Landlord-Tenant and Property Management 

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

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 2025 New Laws 2024/10/23 (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
Probate Probate Commission Chart 2024/07/26 (revised)
Probate Probate Sales of Real Property 2024/11/20 (revised)
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.


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