The Following Member Legal Q&As Are Either New or Revised

Please take time to review the following new or revised Member Legal Q&As.  The C.A.R. Legal Page is one of the most visited pages of the C.A.R. website  and provides valuable legal information for your practice. Fictitious Business Names Q&A (revised October 23, 2014) Defamation: What Not to Say Q&A (revised October 8, 2014) Statute of Limitations: Deadline on Time to Sue Q&A (revised September 26, 2014) Buyer Representation Agreements: Q&A for Consumers Q&A (revised September 2, 2014) Buyer Representation Agreements (C.A.R. Forms BRE, BRNE, BRNN) Q&A (revised... Read more »

Three Important Member Legal Webinars

New 2015 Laws Webinar November 5, 2014 Your C.A.R. Member Legal Team will present three important webinars in November that you may want to attend. The first of these, presented by C.A.R. attorney Robert Bloom, is November 5, 2014 covering the new 2015 laws most likely to impact your business. Robert will cover new laws that range from team names to new tenant rights to have personal vegetable gardens.  You won’t want to miss this opportunity to be informed about what to expect next year.  The webinar will be from 1 to 2 pm on November 5th. Two New RPA Changes Webinars November 14,... Read more »

New 2015 Laws Affecting REALTORS®, Part Two

Team Names and Fictious Business Names This C.A.R. sponsored law provides that team names are now authorized for use under the California Business and Professions Code. The use of a team name does not require application to CalBRE for a separate license to be issued for that name. Additionally, sales agents may contract with their broker to file for and to maintain ownership of a fictitious business name, although registered with CalBRE under the name of the broker. Team Names The name is used by two or more real estate licensees The name includes a licensee’s surname in conjunction with the... Read more »

Brokers Do Not Have to Retain Texts and Tweets

New law clarifies what constitutes a “record.” Assembly Bill 2136, signed by the Governor July 9, 2014, and effective January 1, 2015, will help clarify a REALTOR’S® record retention obligations when it comes to electronic communications.  In their Spring 2013 Real Estate Bulletin, the Bureau of Real Estate set in motion a need for clarification when they took the position that “texts, emails, tweets, and the like” sent or received by a licensee during the negotiation for the sale or purchase of property must be maintained under the record retention requirements of Business and Professions... Read more »

Affordable Care Act and Small Employers

State law compliance delayed and real estate sales agent’s non-employee status confirmed Two recent events may have an impact on REALTORS® and their options and obligations under the Patient Protection and Affordable Care Act (ACA) and its implementation under California laws governing health insurance. First, the Treasury Department has issued regulations clarifying that real estate sales agents are not treated as employees for purposes of the ACA.  Accordingly many, if not most, real estate brokerage offices may never reach the number of employees to trigger employer obligations under the... Read more »

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