California Consumer Privacy Act (CCPA) Advisory – Questions & Explanations

1. What is the purpose of the CCPA Advisory in real estate transactions?
   The advisory informs buyers and sellers about their rights under the California Consumer Privacy Act, which governs how personal information is collected, shared, and protected during a transaction. It ensures both parties understand that certain personal data may be gathered and disclosed in the course of a sale.
2. What type of personal information is covered under the CCPA?
   Personal information can include names, addresses, phone numbers, email addresses, social security numbers, financial information, employment details, and even internet activity. In real estate, it often relates to loan applications, credit checks, and escrow documents.
3. Who is responsible for complying with the CCPA in a real estate transaction?
   Primarily, businesses that meet CCPA thresholds (based on revenue, data collected, or sale of personal information) must comply. However, real estate brokers, escrow companies, lenders, and service providers all play roles in handling personal data responsibly.
4. Does signing this advisory give permission for my personal information to be shared?
   No. The advisory does not give new permissions; it only explains that certain disclosures of personal information are inherent in real estate transactions and governed by law.
5. Can a consumer request to know what personal information has been collected about them?
   Yes. Under the CCPA, consumers have the right to request details on what data has been collected, who it has been shared with, and why it was collected.
6. Can a consumer request deletion of their personal information?
   Yes, but there are exceptions. If the information is required to complete a legal or financial transaction, comply with laws, or maintain business records, it may not be deleted immediately.
7. How does the CCPA apply to sellers specifically?
   Sellers may provide personal information during disclosures, escrow, and title processes. They are notified that this information may be shared with buyers, lenders, inspectors, or other necessary parties.
8. How does the CCPA apply to buyers specifically?
   Buyers provide sensitive information for financing and qualification purposes. The advisory clarifies that some of this data may be shared with third parties involved in completing the transaction.
9. What are the penalties for violating the CCPA?
   Businesses that fail to comply may face civil penalties, fines, and lawsuits. This reinforces the importance of brokers and agents ensuring compliance when handling client data.
10. Does the advisory mean my personal information will be sold to third parties?
    No. The advisory does not authorize the selling of data. It simply explains that personal information is shared with third parties as necessary to complete a real estate transaction.
11. How can clients exercise their CCPA rights in a real estate transaction?
    Clients can make requests to know, delete, or opt out of the sale of their data by contacting the businesses that collected it (such as lenders, escrow companies, or brokerages). Brokers should guide clients on how to exercise these rights.
12. Does the CCPA Advisory replace other privacy disclosures?
    No. It is supplemental. Clients may still receive other federal or state privacy disclosures, such as the Gramm-Leach-Bliley Act disclosures from lenders or escrow companies.
13. What should I tell clients if they’re worried about their data being misused?
    Explain that the CCPA gives them rights to transparency and protection, and that only essential information is shared with authorized parties directly involved in their transaction.
14. Does the advisory apply to all brokerages or only large ones?
    While the CCPA applies primarily to larger businesses (those meeting the statutory thresholds), most brokerages use this form for transparency and best practices in consumer protection.