CALIFORNIA CONSUMER PRIVACY ACT ADVISORY
As of January 1, 2020, the California Consumer Privacy Act (commencing with Civil Code § 1798.100) (“CCPA”) grants to
California residents certain rights in their private, personal information that is collected by companies with whom they do
business. Under the CCPA, “personal information” is defined broadly to encompass non-public records information that
could reasonably be linked directly or indirectly to you, including, potentially, photographs of or sales information about
your property. Some of your personal information will be collected and likely shared with others during the process of
buying and selling real estate. Depending on the situation, you may have the right to “opt out” or stop the transfer of your
personal information to others and request that certain businesses delete your personal information altogether. Not all
businesses you interact with are required to comply with the law, primarily just those who meet the criteria of a covered
“Business” as set forth in Section 1798.140 (c)]. For more information, you may ask your Broker for a copy of the C.A.R.
Legal Q&A on the subject.
A real estate broker is likely to submit personal information to a Multiple Listing Service (“MLS”) in order to help find a
buyer for a seller’s property. Through the MLS, the information is made available to real estate brokers and salespeople,
and others. Even after a sale is complete, the MLS distributes sales information to the real estate community. Brokers,
agents and MLSs may also share your personal information with others who post the personal information on websites or
elsewhere, or otherwise use it. Thus, there are various service providers and companies in a real estate transaction who
may be engaged in using or sharing data involving your personal information.
opportunity to request that personal information not be shared, used and even deleted. Even if your real estate brokerage
is a covered Business, it needs, and is allowed, to keep your information to effectuate a sale and, by law, is required to
maintain such information for three years to comply with regulatory requirements. Not all brokers are covered
Businesses, however, and those that are not, do not have to comply with the CCPA.
Similarly, most MLSs will not be considered a covered Business. Instead, the MLS may be considered a Third Party in the
event a covered Business (ex: brokerages, real estate listing aggregation or advertising internet sites or other outlets who
meet the criteria of covered Businesses) exchanges personal information with the MLS. You do not have the right under
the CCPA to require a Third Party to delete your personal information. And like real estate brokerages, even if an MLS is
a covered Business, MLSs are also required by law to retain and make accessible in its computer system any and all
listing and other information for three years.
Whether an MLS is a covered Business or a Third Party, you have a right to be notified about the sharing of your personal
information and your right to contact a covered Business to opt out of your personal information being used, or shared
with Third Parties. Since the MLSs and/or other entities receiving your personal information do not have direct contact
with buyers and sellers and also may not be aware of which entities exchanging personal information are covered
Businesses, this form is being used to notify you of your rights under the CCPA and your ability to direct requests to
covered Businesses not to share personal information with Third Parties. One way to limit access to your personal
information, is to inform your broker or salesperson you want to opt-out of the MLS, and if so, you will be asked to sign a
document (Form SELM) confirming your request to keep your listing off the MLS. However, if you do so, it may be more
difficult to sell your property or obtain the highest price for it because your property will not be exposed to the greatest
number of real estate licensees and others