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 view an ALPHABETICAL LIST BY TITLE. (The alphabetical list contains additional articles not included below which are not being updated but which may contain useful information--i.e., tax notes and old LEaDer® articles.)
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If you need legal advice from an attorney and you are a member of C.A.R., please click on the tab in the left-hand column called Legal Hotline Access 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 receptionists who answer the phone, process your requests and forward them to the attorneys would greatly appreciate your understanding and patience.
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DISCLOSURE CHARTS
LEGAL ARTICLES BY CATEGORY
Advertising
Agency
Appraisal
Arbitration & Mediation
- Arbitration for the Consumer, 5/13/003 (revised)
(also available in Chinese, Korean, Spanish, Tagalog and Vietnamese) - C.A.R. Interboard Arbitration, 3/21/2007 (revised)
- The Duty to Arbitrate When REALTORS® Are Acting Solely as Principals in a Real Estate Transaction, 9/26/2006 (revised)
- Mediation for the Consumer, 514/2003 (revised)
(also available in Chinese, Korean, Spanish, Tagalog and Vietnamese) - Private Arbitration and Mediation for Your Clients, 8/29/2006 (revised - includes links to providers of arbitration and mediation services)
Board of REALTORS®
Broker Practice and Real Estate Office Issues
- Antitrust Compliance & California REALTORS®, 10/5/2005
- Competitive Offers in a Hot Market--Some Survival Tips, 6/4/2004 (revised)
- Duty of Cooperating Broker to "Cooperate," 3/5/2004 (revised)
- The Employer/Employee Relationship: Labor Issues Affecting REALTORS®, 4/19/2004 (revised)
- Errors and Omissions (E&O) Insurance for REALTORS®, 9/2/2008 (revised)
- Ethical Issues to Consider When Dealing With Prospective Buyers, 9/11/2008 (revised)
- Fictitious Business Names, 11/5/2008
- Giving Notice to Employees About the Presence of Asbestos, 11/20/2007 (revised)
- How to Survive a DRE Audit* (leader Article), 7/1991
- Independent Contractor Agreement and Tax Issues, 2/19/2005 (revised)
- Independent Contractor or Employee* (Leader Article), 7/1991
- Independent Contractor Reporting to the California EDD, 5/23/2006 (revised)
- Implementing a Workplace Injury and Illness Prevention Program: Suggestions for Real Estate Offices, 4/19/2004 (revised)
- Online Privacy Laws Affecting REALTORS®, 8/17/2009 (revised)
- Range Pricing, 7/28/2004 (revised)
- Record Retention: How Long You Should Keep Tax Records and Real Estate Transaction Records, 8/26/2005 (revised)
- Trust Fund Accounts Guide* (Leader Article), 7/1993
- Workers' Compensation, 9/11/2008 (revised)
Commissions
Contracts and Forms
- Buyer-Broker Agreements (C.A.R. Forms BRE, BRNE, BRNN), 10/30/2007 (revised)
- Buyer-Broker Agreements: Q&A for Consumers, 10/30/2007 (revised)
- Contingencies and Contingency Removal, 7/29/2010 (revised)
- Contract Law and Real Estate Transactions, 3/19/2007
- Counter Offer Form (C.A.R. Form CO), 2/11/2005 (revised)
- Foreign Language Translations of C.A.R. Lease/Rental Agreements and Other Forms, 4/25/2005
- Lease Listing (C.A.R. Form LL) and Residential Lease or Month to Month Rental Agreement (C.A.R. Form LR), 7/14/2004 (revised)
- Limited Service Brokers and Open Listings, 5/28/2004
- Option Contracts and Lease Options, 11/11/2005
- Property Transaction Booklet, 7/19/2006 (revised)
- Residential Listing Agreements Between Seller and Real Estate Broker, 11/12/2007
- Seller Property Questionnaire: Summary of C.A.R. Form SPQ, 7/21/2010 (revised)
- Standard C.A.R. Forms and Copyright Law, 8/6/2009 (revised)
- Standard Forms and Legal Q&A Correlation Chart, 4/14/2009 (revised)
- Use of an "As Is" Clause, 3/15/2004 (revised)
Copyright
Disasters
Disclosure
- Condominium or Other Common Interest Development Disclosures, 6/23/2009 (revised)
- Disclosure Issues Related to Residential Care Facilities and Day Care Homes, 9/8/2005 (revised)
- Disclosure of Death and AIDS and the Prohibition Against Discrimination on the Basis ofAIDS, 8/31/2005 (revised)
- Disclosure of the Existence of a Domestic Violence Shelter and Other Residential Care Facilities, 9/7/2005 (revised)
- Exemptions from the Transfer Disclosure Statement (TDS and MHTDS) Law, 3/21/2007
- Federal Flood Insurance Disclosure, 9/23/2005 (revised)
- Federal Lead-Based Paint Hazard Disclosures, 9/28/2005 (revised)
- Federal Lead-Based Paint Pre-Renovation Education Rule, 8/12/2005 (revised)
- FHA Inspection Disclosure Form, 7/15/2005 (revised)
- Lease-Rental Disclosure Chart for REALTORS®, 1/1/2009
- Megan's Law: Disclosure of Registered Sex Offenders, 4/11/2006 (revised)
- Mello-Roos District and 1915 Bond Act Disclosure Requirements, 6/10/2005 (revised)
- Natural Hazard Disclosure Statement 3/8/2005 (revised)
- New Home (Residential One-to-Four Units) Disclosure Chart, 1/1/2009
- Private Transfer Fees, 1/24/2008
- Real Estate Licensee's Duty to Inspect Residential Property, 5/24/03 (revised)
- REO Disclosure Chart, 1/1/2009
- Residential Roof Warranties, 6/8/2005 (revised)
- Sales Disclosure Chart for REALTORS®, 1/1/2009
- Seller Property Questionnaire: Summary of C.A.R. Form SPQ, 7/21/2010 (revised)
- Smoke Detector Requirements, 7/28/2005 (revised)
- Summary Disclosure Chart for REALTORS®, 1/1/2009
- Transfer Disclosure Statement Law, 10/16/2007 (revised)
- Water Heater Bracing and Disclosure Requirements, 6/15/2004 (revised)
- Warning of Defective Furnaces in California, 1/8/2001
Environmental Hazards
Fair Housing
Financing
- Balloon Payment Notices and Restrictions, 7/21/2005 (revised)
- Credit After Foreclosure, Bankruptcy, or Short Sale, 12/1/2009 (revised)
- "Double-Whammy": Due-On-Sale With Prepayment Penalty Prohibition, 1/13/2006 (revised)
- Due on Sale Provisions in Loans, 5/11/2006 (revised)
- Equity Sharing, 3/11/2008 (revised)
- Housing Stimulus Laws of 2009, 3/18/2009 (revised)
- Loan Disclosure Chart, 7/25/2000
- Loan Fraud Alert: Be Wary of Price Inflation Schemes, 3/20/2006
- Mortgage Fraud: Avoiding Price InflationSchemes, 3/14/2007 (revised)
- Mortgage Loan Activities (2010 Update), 2/1/2010
- Notice Regarding Extensions, Refinancing, or Renegotiation of Loan Terms, 7/21/2005 (renamed and revised)
- Predatory Lending: the California Covered Loan Law, 8/27/2007
- Predatory Lending: the Federal High Cost Mortgage Disclosure Law, 8/28/2007
- Privacy of Consumer Financial Information,7/1/2001
- Revised Good Faith Estimate and HUD-1 Statements, 1/28/2010
- Seller Financing of Real Property: Minimum Interest Rates, 11/28/2007 (revised)
Foreclosures and Short Sales
- Credit After Foreclosure, Bankruptcy, or Short Sale, 12/1/2009 (revised)
- Deeds in Lieu of Foreclosure, 8/5/2008
- Deficiency Judgment Chart, 2/25/2008 (revised)
- Deficiency Judgments and California Law, Oct. 1993 (LEaDeR* Article)
- Foreclosing on Rental Property, 11/4/2009
- Foreclosure Scams and the Foreclosure Consultant Law, 10/30/2008
- Foreclosure Timeline, 12/2/2008
- HAFA Short Sales Fact Sheet, 5/27/2010 (revised)
- Housing Stimulus Laws of 2009, 3/18/2009 (revised)
- Notice of Default and Investor-Buyer Transactions: Home Equity Sales Contracts, 5/6/2008 (revised)
- REO Disclosure Chart, 1/1/2010
- REO "Net" Commissions, 10/16/2008
- REO Tips For REALTORS®, 3/16/2010
- REO Transactions, 5/20/2008 (revised)
- Short Sale Advertising, 2/2/2005 (revised)
- Short Sales, 6/3/2010 (revised)
- Short Sale Tips For REALTORS®, 3/16/2010
- Taxation of Foreclosures and Short Sales, 4/20/2010 (revised)
Homeowners' Associations
Housing Laws
Insurance
Internet
Landlord-Tenant and Property Management
- SUMMARY OF LANDLORD-TENANT LAW: Landlord-Tenant Guide for REALTORS®, 7/21/2010 (revised)
- Abandoned Personal Property AfterTermination of a Tenancy, 12/18/2008 (revised)
- Abandoned Rental Real Property, 4/4/2007
- Earthquake or Other Disaster-Related Landlord-Tenant Issues, 9/14/2005 (revised)
- Federal Lead-Based Paint Hazard Disclosures, 9/28/2005 (revised)
- Foreclosing on Rental Property, 11/4/2009
- Foreign Language Translations of C.A.R. Lease/Rental Agreements and Other Forms, 4/25/2005
- Landlord's Duty to Provide Security, 6/22/2005 (revised)
- Landlords Must Give Notice to Tenants When Reporting Defaults to Credit Agencies, 12/13/2005 (revised)
- Lease Listing (C.A.R. Form LL) and ResidentialLease or Month to Month Rental Agreement (C.A.R. Form LR), 7/14/2004 (revised)
- Lease/Rental Disclosure Chart for REALTORS®, 1/1/2007
- Nonresident Property Owner Withholding, 11/30/2009
- Option Contracts and Lease Options, 11/11/2005
- Rejection Notice to Tenants Based on a Consumer Credit Report, 6/17/2005 (revised)
- Residential Rent Control Relief Law, 8/24/2005
- Security Deposits, 9/6/2005 (revised)
- Unlawful Detainer: The Eviction Process in California, 8/24/2005 (revised)
Legal Developments
Licensing
Liquidated Damages
Miscellaneous
- Antitrust Compliance & California REALTORS®, 10/5/2005
- C.A.R. Bylaws
(
bylaws for the California Association of REALTORS ®), 1/26/2008 - Community Property with Right of Survivorship, 9/30/2005 (revised)
- Defamation: What Not to Say, 6/1992 (LEaDeR* Article)
- Divorce and the Transfer of Real Property, 6/24/2005
- Foreign Language Translations of C.A.R. Lease/Rental Agreements and Other Forms, 4/25/2005
- Homesteads, 10/2/1992 (LEaDeR* Article)
- Landlocked Property, 3/7/2006 (revised)
- Limited Liability Companies in California, 4/23/2007 (revised)
- Lis Pendens, 1/18/2006 (revised)
- Lotteries and Raffles, 9/23/2008 (revised)
- Mechanics' Liens, 7/2/2007
- Member Legal Hotline, 6/3/2004
- SB 800: California's Construction Defect Law, 6/19/2007 (revised)
- Servicemembers Civil Relief Act, 1/27/2009 (revised)
- Standard Forms and Legal Q&A Correlation Chart, 4/14/2009 (revised)
- Statute of Limitations: Deadline on Time to Sue, 12/17/2007
- Statutes of Limitations: The Lifespan of a Legal Claim, 7/1/1994 (LEaDeR* Article)
- Ten Frequently-Asked Hotline Questions, 1/25/2010
- Wood Burning Heaters and Fireplaces in the San Joaquin Valley, 1/6/2004
MLS and Board/Association Issues
- California Model Bylaws
, 1/1/2009 (revised)
- California Model MLS Rules
, 10/1/2009 (revised-redlined version)
- Designated REALTORS®/MLS Participant as a Respondent in an Ethics/MLS Rules Violation Complaint, 10/19/2005 (revised)
- Ethical Issues to Consider When Dealing With Prospective Buyers, 9/11/2008 (revised)
- Government Assessor Access to the MLS, 4/21/2006 (revised)
- MLS Listings May Be Open to the Public: Brokers Beware, 10/3/2006
- MLS Offers of Compensation on Short Pay and Probate Sales, 8/12/2006 (revised)
- MLS Short Sale and REO Issues, 6/16/2008
- Relisting or "Churning" a Listing, 10/10/2006
- REO "Net" Commissions, 12/1/2008
- Virtual Office Websites ("VOWs"), 4/28/2009
Mobilehomes
Pest Control
Probate
Property Tax
Referral Fees & RESPA Issues
Small Claims Court
Subdivisions
Tax
- California Withholding Tax on the Sale of Real Property, 10/1/2007 (revised)
- Capital Gains Tax and Health Care Reform Tax Impact, 5/27/2010 (revised)
- Federal Homebuyer Tax Credit Allocation Unmarried Persons, 9/15/2009
- Federal Withholding: The Foreign Investment in Real Property Tax Act (FIRPTA), 10/14/2008 (revised)
- Homebuyer Tax Credit Chart 2010, 4/12/2010 (revised)
- Homebuyer Tax Credit Update, 2/22/2010 (revised)
- Housing Stimulus Laws of 2009, 3/18/2009 (revised)
- Internal Revenue Code Section 1031: Tax Deferred Exchanges, 12/3/2004 (revised)
- Mortgage Interest and Points Must Be Reported By Lenders, 9/28/2003 (revised)
- Nonresident Property Owner Withholding, 11/30/2009
- Proposition 90 Watch, 3/1/2010 (revised)
- Property Tax Exemptions from Reassessment, 2/16/2006 (revised)
- Record Retention: How Long You Should Keep Tax Records and Real Estate Transaction Records, 8/26/2005 (revised)
- Seller Financing of Real Property: Minimum Interest Rates, 11/28/2007 (revised)
- Taxation of Foreclosures and Short Sales, 4
/20/2010 (revised)
Usury
* LEaDeR stands for Leading Edge for Designated REALTORS® - a former subscription program that has been discontinued. 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, Sonia M. Younglove, Esq., at sonniey@car.org. Please be sure to include your full name, office, and your member number in your e-mail.
