California Real Estate Law

Agency Relationships

Agents must give a written Agency Disclosure form explaining buyer, seller, and dual agency.
A dual agent may not disclose one party's price motivation to the other.
Since 2019, agents representing investor buyers must disclose that relationship to sellers.

Sellers must provide a Transfer Disclosure Statement (TDS) and a Natural Hazard Disclosure (NHD).
Required natural-hazard disclosures include flood, fire, seismic, and fault-zone (Alquist-Priolo) information.
Megan's Law database notice and mold, lead, and asbestos advisories are also required.

Most residential sales use the California Association of Realtors Residential Purchase Agreement.
Either buyer or seller may cancel for specific contingencies (inspection, appraisal, loan) within set timelines.
Escrow is handled by a neutral third party; closings do not require an attorney.

Closings are handled by independent escrow companies or title-company escrow desks. No attorney is required.
Local custom varies by region: in Northern California the buyer typically pays for the owner's title policy, while in Southern California the seller usually pays. Escrow fees are commonly split.
California has a documentary transfer tax (state + many counties + some cities). San Francisco and Los Angeles add the largest local transfer taxes in the US.
Property taxes are billed semi-annually and prorated at closing under Proposition 13's assessed-value rules.
Most California closings disburse funds the same day they record — confirm timing with your escrow officer.

Since August 17, 2024, multiple-listing services (MLS) can no longer publish offers of buyer-agent compensation. Sellers may still choose to pay a buyer's agent, but it is now negotiated separately and disclosed off-MLS.
Buyers must sign a written representation agreement with their agent before touring a home. The agreement must state how the agent is paid and how much. Read it carefully — the fee is between you and your agent now, not automatically covered by the seller.
If you are buying, ask whether the seller is offering to pay your agent's commission, who else might pay it, and exactly what services are included.
If you are selling, you are no longer required to offer a buyer's agent commission. Your listing agent should explain the trade-offs of doing so anyway.

Security deposits are regulated; landlords must return them within a set number of days after move-out.
Evictions require proper written notice and, in most cases, a court order.
Retaliation against tenants who exercise legal rights is prohibited.

Educational information only. Not legal advice. Laws change; verify with the official sources above or consult a licensed attorney.