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Legal Q&As

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

All Legal Q&As 2019 Q&A Revisions 2019 Q&As 2018 Q&A Revisions 2018 Q&As
Consumer RPA Summary

Plain-English explanations for every paragraph in the RPA that you can send to your buyers and sellers. REALTORS® can use it too!


Disclosure Charts

5 charts show REALTORS ® what needs to be disclosed and to whom in various sales and lease scenarios.

Sales Disclosure Chart
Legal Launchpad (Material by Topic)

Need help on a legal issue? First, pick one of the topics below. Then take a peek at the top three issues. Still not sure? Check out the “Basics” section and the Q&A articles. For a deep dive into the details on your legal issue, watch a FREE, pre-recorded, 60-minute webinar.


Legal Tools

Short, helpful, 1-page articles, summaries, PowerPoint presentations, and videos for Brokers, Agents, and Consumers.


Legal Live Webinars

C.A.R.’s Legal Live Webinars are online presentations conducted by C.A.R. attorneys on the first Tuesday of every month. Hear about legal developments and answers to common questions. Watch live or from a recorded post. Legal Live Webinars are offered as a free member benefit.


Legal Matters Podcast

The Legal Matters Podcast is the official podcast of the California Association of REALTORS® Member Legal Services Department.


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Request a call using our online form or by speaking with an intake coordinator.


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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 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 Lotteries and Raffles 2016/07/08 (revised)
Advertising  Mortgage Loan Brokerage Advertising 2017/09/13 (revised)
Advertising  Serving Alcohol at an Open House  2017/07/07 
Advertising Team Names 2018/06/26 (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 2018/06/11 (revised)
Arbitration & Mediation Mediation for the Consumer 2018/06/12 (revised)
Board of REALTORS® C.A.R. Bylaws (bylaws for the California Association of REALTORS®), 2016/10/01
Board of REALTORS® California Model Bylaws Word document 2016/08/15
Board of REALTORS® Limited Service Brokers and Open Listings 2019/02/26 (revised)
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 Changing Offices:Transfer of Listings & Buyers, and Procedures for Changing Brokerage 2019/01/25 (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? 2017/04/30 (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 2018/11/27 (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 The California Consumer Privacy Act  2019/10/14 (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 2017/12/07 (revised)
Broker Practices & Real Estate Office Issues Workers' Compensation 2016/07/18 (revised)
Commissions Commissions 2018/04/27 (revised)
Commissions Broker Compensation Under the C.A.R. Residential Purchase Agreement (RPA-CA) 2018/06/13 (revised)
Commissions Procuring Cause Guidelines 2016/05/12
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) 2016/03/15 (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 2018/04/11
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 2019/04/08 (revised)
Contracts and Forms RPA Timeline of Events (RPA-CA) 2018/04/26 (revised)
Contracts and Forms Seller Property Questionnaire: Summary of C.A.R. Form SPQ 2019/03/15 (revised)
Contracts and Forms C.A.R. Forms and Copyright Law 2017/01/25 (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 2019/03/15 (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)
Copyright C.A.R. Forms and Copyright Law 2018/06/07 (revised)
Disasters Fires: Basic Real Estate Legal Issues 2018/06/27 (revised)
Disclosure Carbon Monoxide Detectors 2016/07/28 (revised)
Disclosure Disclosure Issues Related to Residential Care Facilities and Day Care Homes 2014/03/07 (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 Lease-Rental Disclosure Chart for REALTORS® 2019/06/12 (revised)
Disclosure Natural Hazard Disclosure Statement 2018/12/11 (revised)
Disclosure New Home (Residential One-to-Four Units) Disclosure Chart 2019/01/10 (revised)
Disclosure Real Estate Licensee's Duty to Inspect Residential Property 2018/12/12 (revised)
Disclosure REO Disclosure Chart 2019/01/10 (revised)
Disclosure Sales Disclosure Chart for REALTORS® 2019/01/10 (revised)
Disclosure Seller Property Questionnaire: Summary of C.A.R. Form SPQ 2019/03/15 (revised)
Disclosure Smoke Alarm Requirements 2019/03/11 (revised)
Disclosure Summary Disclosure Chart for REALTORS® 2019/01/10 (revised)
Disclosure Transfer Disclosure Statement Exemptions 2018/12/20 (revised)
Disclosure Transfer Disclosure Statement Law 2018/12/20 (revised)
Disclosure Water-Conserving Plumbing Fixtures 2016/12/08 (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)
 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 Rental Property and Foreclosure 2018/12/06 (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® 2019/03/21 (revised)
Insurance Errors and Omissions (E&O) Insurance for REALTORS® 2018/06/07 (revised)
Insurance Workers' Compensation 2016/07/18 (revised)
 Internet Online Privacy Laws Affecting REALTORS® 2019/07/24 (revised) 
Landlord-Tenant and Property Management Landlord-Tenant Guide for REALTORS® 2017/12/04 (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 and Property Management Foreign Investor Property Owner Withholding 2018/02/28 (revised)
Landlord-Tenant and Property Management Landlord-Tenant Law: Pets and Service and Support Animals 2015/10/01 (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® 2019/06/12 (revised)
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 2018/03/07 (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) 2019/10/09 (revised)
Landlord-Tenant and Property Management Rental Property and Foreclosure 2016/09/02 (revised)
 Landlord-Tenant and Property Management Requirements When Using Credit Reports/Scores to Screen Tenants 2018/02/20 (revised) 
Landlord-Tenant and Property Management Residential Rent Control Relief Law 2018/05/11 (revised)
Landlord-Tenant and Property Management Security Deposits 2018/04/03 (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 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 2018/07/09
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 2018/05/01 (revised)
MLS Days on Market and Relisting or "Churning" a Listing 2018/03/26 (revised)
MLS Pocket Listings 2016/10/21 (revised)
MLS Submitting Listings to the MLS 2015/04/28 (revised)
Mobilehomes Mobilehomes 2017/01/31 (revised)
 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 2019/09/05 (revised)
Property Tax Proposition 90 Watch 2018/02/28 (revised)
Property Tax Property Tax Assistance for Seniors 2016/09/02 (revised)
Property Tax Property Tax Exemptions from Reassessment 2018/02/28 (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 2014/08/07 (revised)
Real Property & Title Trees 2017/02/15
Referral Fees & RESPA Issues Referral Fees 2016/09/19 (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 ® 2019/03/21 (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) 2018/12/06 (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 Proposition 90 Watch 2018/02/28 (revised)
Tax Property Tax Assistance for Seniors 2016/09/02
Tax Property Tax Exemptions from Reassessment 2018/02/28 (revised)
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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