Member Legal Hotline
Member Legal Services
Tel 213.739.8282
Fax 213.480.7724
June 3, 2004 (revised)
Copyright© 2004, CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.) Permission is granted to C.A.R. members only to reprint and use this material for non-commercial purposes provided credit is given to the C.A.R. Legal Department. Other reproduction or use is strictly prohibited without the express written permission of the C.A.R. Legal Department. All rights reserved.
Q 1. What is the C.A.R. Member Legal Hotline and who can use it?
A The C.A.R. Member Legal Hotline is a free service to all C.A.R. members (brokers and salespersons). It gives members the opportunity to briefly talk to a C.A.R. attorney in a confidential telephone conversation about legal issues they face in their practice. The duration of the phoneconsultation is typically 5 to 10 minutes. A salesperson must have authorization from his or her broker or office manager prior to initiating the call. The advice given by the C.A.R. attorney is intended only for the REALTOR® makingthe inquiry, and not the parties to a transaction. The principals should seek their own legal counsel when needed.
Q2. What are the telephone numbers, days and hours of service for the Legal Hotline?
A The C.A.R. Member Legal Hotline number is (213) 739-8282. Designated REALTORS®, Broker/Owners, and Office Managers may contact us by phoning
(213) 739-8350.
Inquiries are received from 9 a.m. to 6 p.m., Monday through Friday.
Many inquiries are handled "hot off the line"--members are transferred to an available attorney to handle the inquiry without the member even leaving the line. Members may also leave their telephone number for a return call.
Return telephone calls are made from 9 a.m. to 8 p.m., Monday through Friday.
Q3. What happens when I call the Legal Hotline?
A First, you will be asked to furnish your own C.A.R. member number, since this service is available only to C.A.R. members. This number appears on the bottom of the address label of your copy of the C.A.R. magazine, "California Real Estate," which members receive every month. It starts with a 0, 1, 2 or 3.
This is NOT your DRE real estate license number nor a number from any other real estate magazine. We must have this number to process your inquiry. You may be asked additional questions to help identify you as a member. If your member number does not appear on the member database, the legal staff may need to contact the local Board/Association of REALTORS® to verify your membership. In that situation, you will receive a callback.
Q4. Besides my C.A.R. member number, what other information should I be ready to furnish when I call the Legal Hotline?
A You will be asked certain basic questions which must be answered in order for your legal inquiry to be processed. This includes naming any other real estate office, broker or salesperson potentially involved "in any way" with your inquiry, including, but not limited to, a former broker, a listing office, a selling office, or a property management office.
The attorneys must be informed of all real estate entities involved since they are not legally permitted to counsel both sides of a transaction, potential dispute, actual dispute or grievance. Rest assured that any information you provide will be kept confidential.
If another member has already called the Legal Hotline on the same matter or transaction, you will be given the names of several C.A.R. referral panel attorneys, who by contract with C.A.R. will not charge you for a phone inquiry once you explain you have been referred by a C.A.R. attorney and that the matter involves a potential conflict.
Q 5. How else may I contact the Legal Hotline?
A There are three ways to contact us:
. You may contact us by fax, (213) 480-7724. Be sure to include your member number, and a telephone number where you can be reached.
. You may contact us by e-mail at legal_hotline@car.org. The attorney will not respond to your e-mail, so be sure to leave your telephone number.
. Finally, you may contact us through car.org.
Q 6. How are Legal Hotline inquiries processed?
A Designated REALTORS®, Broker/Owners, and Office Managers are given callback priority. Other member inquiries are taken in the order received. Usually you are given the option of being put on hold and speaking directly to the next available attorney, with the understanding that you might be on hold for five minutes or longer in some cases; or, if you prefer, an attorney will call you back. In addition, you may request a specific attorney and indicate apreferred time to be called back up to 8 p.m.
The C.AR. Legal Hotline is a very popular service and, unfortunately, as a result sometimes we have quite a backlog of calls. Please be patient! We will contact you as soon as possible.
Q7. What happens if I am not available when the attorney calls back?
A The attorney will identify himself or herself as a C.A.R. attorney and leave his or her name and a direct line number so you may return the call using the direct line between
10 a.m.. and 6 p.m., Monday through Friday, ONLY for that specific inquiry.
Q 8. What materials or documentation should I have available when I call the Legal Hotline?
A You should have all of the relevant documents to the transaction, including purchase contracts, counter offer forms, and disclosure forms, in order to provide specific information that may be requested by the C.A.R. attorney. Each C.A.R. attorney has copies of all the current C.A.R. Standard Forms at his or her desk.
Q9. May I call for an interpretation of the NAR Code of Ethics?
A No. Interpretation of the NAR Code of Ethics is a REALTOR® function only and is not a matter of state or federal law. NAR publishes official interpretations of the NAR Code of Ethics. Application and enforcement of the Code in a particular situation is the function of the local Board/Association of REALTORS® through its Professional Standards Committee. Additional information is available on car.org by going to the Ethics/Board Arbitration section.
Q10. May Legal Hotline inquiries also be submitted in writing?
A Yes. You may address written inquiries to:
CALIFORNIA ASSOCIATION OF REALTORS®
Member Legal Services
525 South Virgil Avenue
Los Angeles, California 90020
Upon receipt, your written inquiry will be handled by the C.A.R. legal staff in the same manner as a telephone inquiry.
Q 11. Is the Legal Hotline a substitute for private legal counsel?
A Not always. Members who require review of an entire contract, representation in a lawsuit, drafting of documents, or other services beyond the scope of those provided by the Hotline should consult legal counsel of their choice. C.A.R. attorneys are experts in real estate law and do not give legal advice in unrelated areas of law. C.A.R. maintains a referral panel of private real estate attorneys who are available to handle matters for members and/or parties to transactions. Members desiring a referral to outside counsel simply need to ask the legal staff or Legal Hotline attorney for a referral.
Q12. Where can I obtain additional information?
A For a complete listing of products and services, including all legal articles, available from C.A.R., please visit car.org. Readers who require specific advice should review their facts with an attorney. C.A.R. members may speak with an attorney, free of charge, by contacting C.A.R.'s Member Legal Hotline at (213) 739-8282, Monday through Friday, from 9 a.m. until 6 p.m., or through car.org.
C.A.R. members who are broker-owners, office managers, or Designated REALTORS® can receive priority access to the Member Legal Hotline by calling 213.739.8350 or through car.org.
General correspondence can be addressed to legal_hotline@car.org or:
CALIFORNIA ASSOCIATION OF REALTORS®
Member Legal Services
525 South Virgil Avenue
Los Angeles, California 90020
The information contained herein is believed accurate as of June 3, 2004. It is intended to provide general answers to general questions and is not intended as a substitute for individual legal advice. Advice in specific situations may differ depending upon a wide variety of factors. Therefore, readers with specific legal questions should seek the advice of an attorney.