Welcome to the Legal Section of C.A.R. Online, where REALTORS® legal needs are met with the latest information and legal updates. Look below for the latest legal news during the last two months. You'll see Regulatory News, new Realegals®, and What's Hot announcements.
Attorney Outreach Calendar C.A.R. attorneys visit real estate offices and local associations throughtout the state providing an opportunity for a live discussion of current legal issues as well as training sessions on the use of new C.A.R. standard forms.
Nov. 19, 2015 (revised) Legal Article: The ability to display real estate and other signs is afforded certain protections under the United States and California Constitutions as a form of free speech. California also has several statutes limiting the ability of local governments and private entities to regulate real estate signs. However, a city, county, and private entity, such as a homeowners' association, may regulate the display of signs as long as the regulation does not conflict with constitutional protections or state law.
Nov. 13, 2015 (revised) Legal Article: The Energy Use Disclosure requirement has been repealed. Beginning January 1, 2016, an owner or agent of a nonresidential building as specified is no longer required to obtain the ENERGY STAR benchmarking data and disclose it to a prospective buyer, lessee or lender.
The following information contained in this Q&A is applicable only to transactions entered into before December 31, 2015.
Oct. 22, 2015 (revised) Legal Article: This guide is intended to give a description of disclosure requirements for loans and extensions of credit. When a disclosure form is available, the form is either cited or linked to. When no disclosure form is available, then the substantive requirements of the disclosure are listed.
Oct. 9, 2015 (revised) Legal Article: A “fictitious business name” is the name a person uses to conduct business if not using his/her own legal name. A business using a fictitious business name can accept payments, advertise and otherwise communicate under that name. Using a fictitious business name also permits a single legal entity such as a corporation or an LLC to operate multiple businesses without creating a new legal entity for each business.
Oct. 9, 2015 (revised) Legal Article: The Good Faith Estimate (GFE) and HUD-1 disclosures are intended to give borrowers sufficient information to permit shopping for the best possible loan terms and closing costs. Yet, since the passage of RESPA (Real Estate Settlement Procedures Act) 35 years ago, the GFE has been a disclosure without any clear binding effect. Now the Department of Housing and Urban Development (HUD) has promulgated new regulations mandating revised GFE
Beginning October 3, 2015 the TILA-RESPA Integrated Disclosures (TRID) will supersede the Good Faith Estimate (GFE) and HUD-1 Statement forms for most closed-end, consumer credit transactions secured by real property.
Oct. 1, 2015 (revised) Legal Article: This Q&A will review the various issues surrounding the landlord’s ability to restrict a tenant’s ability to keep pets and possible liability issues when pets are allowed and has been updated as follows:
Question 9 Added discussion of C.A.R. Pet Addendum (form PA).
Question 13. Added mention of pending regulations on service and support animals.