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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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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

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Category Title Date
Advertising Advertising 06/19/2017 (revised)
Advertising Advertising Your Services: Required Name and License Information 02/07/2018 (revised)
Advertising Do-Not-Call, Do-Not-Fax, Do-Not-Email Laws Affecting REALTORS® 02/13/2014 (revised)
 Advertising Fictitious Business Names 09/12/2017 (revised)
Advertising Lotteries and Raffles 07/08/2016 (revised)
Advertising  Mortgage Loan Brokerage Advertising 09/13/2017 (revised)
Advertising  Serving Alcohol at an Open House  07/07/2017 
Advertising Team Names 06/26/2018 (revised)
Agency Agency Law Summary Chart 01/13/2015 (revised)
Agency Agency Disclosure and Confirmation; and Agency Law Summary Chart 01/13/2015 (revised)
Arbitration & Mediation Arbitration for the Consumer 06/11/2018 (revised)
Arbitration & Mediation Mediation for the Consumer 06/12/2018 (revised)
Board of REALTORS® C.A.R. Bylaws (bylaws for the California Association of REALTORS®), 10/01/2016
Board of REALTORS® California Model Bylaws Word document 08/15/2016
Board of REALTORS® Limited Service Brokers and Open Listings 10/21/2016
Broker Practices & Real Estate Office Issues Administration Fees under RESPA and the Unfair Competition Law 03/06/2018 (revised)
Broker Practices & Real Estate Office Issues Changing Offices:Transfer of Listings & Buyers, and Procedures for Changing Brokerage 06/20/2018 (revised)
Broker Practices & Real Estate Office Issues Errors and Omissions (E&O) Insurance for REALTORS® 06/23/2011 (revised)*
Broker Practices & Real Estate Office Issues Fictitious Business Names 09/12/2017(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? 07/26/2012 (revised)*
Broker Practices & Real Estate Office Issues Online Privacy Laws Affecting REALTORS® 07/08/2016 (revised)
 Broker Practices & Real Estate Office Issues Presentation of Offers  07/09/2018
Broker Practices & Real Estate Office Issues Protect Your Brokerage from Cybercrime 04/09/2018 (revised)
Broker Practices & Real Estate Office Issues Record Retention: How Long You Should Keep Documents 06/25/2018 (revised)
Broker Practices & Real Estate Office Issues The Right Business Entity for the Real Estate Professional: FAQs & Chart 10/24/2012 (revised)*
Broker Practices & Real Estate Office Issues Team Names 06/26/2018 (revised)
Broker Practices & Real Estate Office Issues Trust Funds 12/07/2017 (revised)
Broker Practices & Real Estate Office Issues Workers' Compensation 07/18/2016 (revised)
Commissions Commissions 04/27/2018 (revised)
Commissions Broker Compensation Under the C.A.R. Residential Purchase Agreement (RPA-CA) 06/13/2018 (revised)
Commissions Procuring Cause Guidelines 05/12/2016
Contracts and Forms Buyer Representation Agreements (C.A.R. Forms BRE, BRNE, BRNN) 06/13/2018 (revised)
Contracts and Forms Contingencies and Contingency Removal 03/14/2016 (revised)
Contracts and Forms Contract Law and Real Estate Transactions 05/07/2018 (revised)
Contracts and Forms Counter Offer Forms (C.A.R. Forms SCO, BCO and SMCO) 03/15/2016 (revised)
Contracts and Forms Escalation Clauses 05/1/2014
Contracts and Forms How a Seller May Cancel a Purchase Agreement:Checklist and Q&A 04/27/2018 (revised)
Contracts and Forms Limited Service Brokers and Open Listings 10/21/2016 (revised)
Contracts and Forms Liquidated Damages and Deposit Disputes 04/11/2018
Contracts and Forms Option Contracts and Leases with Option to Purchase 06/13/2018 (revised)
Contracts and Forms Request for Repair and Use of the RR and RRRR Forms 06/16/2016 (revised)
Contracts and Forms Residential Listing and Commission Agreements 04/27/2018 (revised)
Contracts and Forms RPA Timeline of Events (RPA-CA) 04/26/2018 (revised)
Contracts and Forms Seller Property Questionnaire: Summary of C.A.R. Form SPQ 12/16/2015 (revised)
Contracts and Forms C.A.R. Forms and Copyright Law 01/25/2017 (revised)
Contracts and Forms Standard Forms and Legal Q&A Correlation Chart 03/13/2018 (revised)
 Contracts and Forms Statute of Limitations: Deadline on Time to Sue 09/26/2014 (revised)
Contracts and Forms Use of an "As Is" Clause 03/18/2016 (revised)
Contracts and Forms Wood Destroying Pest and Organisms Inspections, Reports and Repairs 02/25/2015
Copyright C.A.R. Forms and Copyright Law 06/07/2018 (revised)
Disasters Fires: Basic Real Estate Legal Issues 06/27/2018 (revised)
Disclosure Carbon Monoxide Detectors 07/28/2016 (revised)
Disclosure Disclosure Issues Related to Residential Care Facilities and Day Care Homes 03/07/2014 (revised)
Disclosure Disclosure of Death and AIDS and the Prohibition Against Discrimination on the Basis of AIDS 06/18/2018 (revised)
Disclosure Guide to Loan Disclosures 07/17/2018 (revised)
Disclosure Lease-Rental Disclosure Chart for REALTORS® 01/05/2018 (revised)
Disclosure Natural Hazard Disclosure Statement 03/02/2017 (revised)
Disclosure New Home (Residential One-to-Four Units) Disclosure Chart 01/05/2018 (revised)
Disclosure Real Estate Licensee's Duty to Inspect Residential Property 03/30/2017 (revised)
Disclosure REO Disclosure Chart 01/05/2018 (revised)
Disclosure Sales Disclosure Chart for REALTORS® 12/19/2014 (revised)
Disclosure Seller Property Questionnaire: Summary of C.A.R. Form SPQ 12/16/2015 (revised)
Disclosure Smoke Alarm Requirements 02/14/2018 (revised)
Disclosure Summary Disclosure Chart for REALTORS® 01/05/2018 (revised)
Disclosure Transfer Disclosure Statement Exemptions 07/14/2016 (revised)
Disclosure Transfer Disclosure Statement Law 04/13/2018 (revised)
Disclosure Water-Conserving Plumbing Fixtures 12/08/2016 (revised)
Environmental Hazards Giving Notice to Employees About the Presence of Asbestos 07/14/2016 (revised)
 Financing Good Faith Estimates and HUD-1 Statements 10/09/2015 (revised) 
Financing Guide to Loan Disclosures 10/22/2015 (revised)*
Financing Loan Estimate and Closing Disclosures Forms 08/19/2015 (revised) 
Financing Mortgage Loan Activities 08/15/2016 (revised)
Financing PACE Programs and Solar Leases 12/01/2017 (revised)
Financing  Predatory Lending: The High Cost Mortgage Disclosure 03/28/2014 (revised)
Financing  Predatory Lending: The California Covered Loan Law 01/30/2017 (revised)
Financing Privacy of Consumer Financial Information 07/13/2016 (revised)
Financing  Regulation Z: Loan Originator Compensation Requirements 05/01/2013
Financing  Regulation Z: Ability to Repay Standard for Loans 12/03/2013 (revised)
Financing Seller Financing 02/20/2018 (revised)
Foreclosures and Short Sales Bankruptcy and Real Estate Transactions 02/28/2018 (revised)
Foreclosures and Short Sales Credit After Foreclosure, Bankruptcy, or Short Sale 12/28/2016 (revised)
Foreclosures and Short Sales Deficiency Judgment Chart After Foreclosure 09/26/2017 (revised)*
 Foreclosures and Short Sales Foreclosure Timeline 05/10/2018 (revised) 
Foreclosures and Short Sales Rental Property and Foreclosure 09/12/2018 (revised)
Foreclosures and Short Sales REO Disclosure Chart 01/05/2018(revised)
Foreclosures and Short Sales Short Sales 02/28/2018 (revised)
Homeowners' Associations Condominium and Other Common Interest Development Disclosures 04/02/2014 (revised)
Homeowners' Associations Homeowners' Associations: A Guide for REALTORS® 04/14/2014 (revised)
Insurance Errors and Omissions (E&O) Insurance for REALTORS® 06/07/2018 (revised)
Insurance Workers' Compensation, 07/18/2016 (revised)
Internet Electronic Signatures and Records in Real Estate Transactions 05/22/2015 (revised)
 Internet Online Privacy Laws Affecting REALTORS® 08/31/2018 (revised) 
Landlord-Tenant and Property Management Landlord-Tenant Guide for REALTORS® 12/04/2017 (revised)
Landlord-Tenant and Property Management Abandoned Personal Property After Termination of a Tenancy 05/01/2018 (revised)
 Landlord-Tenant and Property Management Abandoned Rental Real Property 09/02/2016 (revised) 
Landlord-Tenant and Property Management Foreign Investor Property Owner Withholding 02/28/2018 (revised)
Landlord-Tenant and Property Management Landlord-Tenant Law: Pets and Service and Support Animals 10/01/2015 (revised)
 Landlord-Tenant and Property Management Landlords and Employee Notice of Asbestos 07/09/2018 
Landlord-Tenant and Property Management Lease/Rental Disclosure Chart for REALTORS® 01/05/2018 (revised)
Landlord-Tenant and Property Management Marijuana Issues for REALTORS® 01/04/2018 (revised)
Landlord-Tenant and Property Management Nonresident Property Owner Withholding 09/06/2016 (revised)
Landlord-Tenant and Property Management Option Contracts and Leases with Option to Purchase 07/28/2016 (revised)
Landlord-Tenant and Property Management Property Management Frequently Asked Questions 03/07/2018 (revised)
Landlord-Tenant and Property Management  Proposition 65 Warnings 07/09/2018
Landlord-Tenant and Property Management Rental Property and Foreclosure 09/02/2016 (revised)
 Landlord-Tenant and Property Management Requirements When Using Credit Reports/Scores to Screen Tenants 02/20/2018 (revised) 
Landlord-Tenant and Property Management Residential Rent Control Relief Law 05/11/2018 (revised)
Landlord-Tenant and Property Management Security Deposits 04/03/2018 (revised)
Landlord-Tenant and Property Management Unlawful Detainer: The Eviction Process in California 02/28/2018 (revised)
Landlord-Tenant and Property Management Vacation Rentals 04/24/2014
Licensing License Application and Renewal for REALTORS® 04/27/2018 (revised)
Licensing Licensing Chart for REALTORS® 09/19/2016 (revised)
Licensing Licensing Guide for REALTORS® 02/23/2018 (revised)
Licensing Mortgage Loan Activities 08/15/2016 (revised)
Licensing Unlicensed Assistants 01/09/2018 (revised)
Miscellaneous Bankruptcy and Real Estate Transactions 02/28/2018 (revised)
Miscellaneous Marijuana Issues for REALTORS®  01/04/2018 (revised)
Miscellaneous Member Legal Hotline 02/13/2017 (revised)
Miscellaneous PACE Programs and Solar Leases 12/01/2017 (revised)
Miscellaneous SB 800: California's Construction Defect Law 10/03/2014 (revised)
Miscellaneous Serving Alcohol at an Open House
07/07/2017 
Miscellaneous Servicemembers Civil Relief Act 03/02/2017 (revised)
Miscellaneous  Small Claims Court 05/25/2012 (revised)
Miscellaneous Standard Forms and Legal Q&A Correlation Chart 03/13/2018 (revised)
 Miscellaneous Swimming Pool Safety Act and Home Inspections 07/09/2018
Miscellaneous Ten Frequently-Asked Hotline Questions 01/27/2017 (revised)
Miscellaneous Usury Law and the Real Estate Broker Exemption 09/19/2016 (revised)
MLS California Model MLS Rules 05/01/2018 (revised)
MLS Days on Market and Relisting or "Churning" a Listing 03/26/2018 (revised)
MLS Pocket Listings 10/21/2016 (revised)
MLS Submitting Listings to the MLS 04/28/2015 (revised)
Mobilehomes Mobilehomes 01/31/2017 (revised)
New Laws  2019 New Laws 10/10/2018
New Laws  2018 New Laws 10/16/2017 
New Laws 2017 New Laws 10/05/2016
New Laws 2016 New Laws 10/19/2015
New Laws  2019 Clean-Up Law Changes 10/15/2018
Probate Probate Commission Chart 03/23/2016 (revised)
Probate Probate Sales of Real Property 03/14/2016 (revised)
Probate The Revocable Transfer on Death Deed and Statutory FAQs 01/22/2016
Property Tax Proposition 90 Watch 02/28/2018 (revised)
Property Tax Property Tax Assistance for Seniors 09/02/2016 (revised)
Property Tax Property Tax Exemptions from Reassessment 02/28/2018 (revised)
Property Tax The Affordable Housing Funding Document Recording Fee 09/14/2017
Real Property & Title Lis Pendens 03/13/2018 (revised)
Real Property & Title Mechanics' Liens 01/02/2018 (revised)
Real Property & Title Transferring Title To Real Property 08/07/2014 (revised)
Real Property & Title Trees 02/15/2017
Referral Fees & RESPA Issues Referral Fees 09/19/2016 (revised)
Referral Fees & RESPA Issues Referral Fee Chart 01/26/2017 (revised)
Referral Fees & RESPA Issues Administrative Fees under RESPA and the Unfair Competition Law 03/06/2018 (revised)
Subdivisions Homeowners' Associations: A Guide for REALTORS ® 04/14/2014 (revised)
Subdivisions Subdivision Applicability Chart 03/22/2017 (revised)
Tax  2018 Tax Reform Law Chart 12/28/2017 
Tax American Taxpayer Relief Act of 2012 - The "Fiscal Cliff" Law 02/10/2017 (revised)
Tax California Withholding Tax on the Sale of Real Property 09/12/2018 (revised)
Tax Capital Gains Tax 02/08/2018 (revised)
Tax Federal Withholding: The Foreign Investment in Real Property Tax Act (FIRPTA) 04/27/2018 (revised)
Tax Fire Prevention Fee 12/16/2015 (revised)
Tax Homebuyer Tax Credit Chart 2010 06/30/2016 (revised)
Tax Internal Revenue Code Section 1031: Tax Deferred Exchanges 02/13/2018 (revised)
 Tax IRS Form 1099-MISC Reporting for REALTORS® 02/26/2016 (revised) 
Tax Nonresident Property Owner Withholding 09/06/2016 (revised)
Tax Proposition 90 Watch 02/28/2018 (revised)
Tax Property Tax Assistance for Seniors 09/02/2016
Tax Property Tax Exemptions from Reassessment 02/28/2018 (revised)
Tax The Affordable Housing Funding Document Recording Fee 09/14/2017
Tax  Tax Cuts and Jobs Act - In Brief 12/28/2017
Tax  Tax Cuts and Jobs Act Highlights and In Depth  12/29/2017

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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