Guidelines for Real Estate Professionals During the COVID-19 Pandemic

Updated on March 30, 2020

Louie Lujan, Government Relations Director with CIMA Law Group guides many real estate professionals in CA and AZ. CIMA Law Group’s Government Relations Department has local real estate associations as clients; many of which have been asking for guidance during this crisis.

Louie Lujan offers these Best Practices Guidelines to assist you in the safe practice of real estate. Following these guidelines will enable REALTORS® to demonstrate care for the health and well-being of clients, colleagues and the greater public welfare in reducing the risk of exposure to, and spread of, COVID-19, while providing the essential services of residential and commercial real estate recognized by the Department of Homeland Security as being necessary for the maintenance of America’s Critical Infrastructure. These guidelines reflect our understanding of Governor Newsom’s stay-at-home order issued March 19, as updated by the “Advisory Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response” from March 28, 2020, which expressly includes residential and commercial real estate, including settlement services, as essential services.

Louie Lujan, Government Relations Director, stated that if a city or county in which you do your business activity has an order with a more restrictive standard regarding what qualifies as an essential service, or more restrictions on activities, those guidelines will still govern the activities of a licensee. In other words, if there is a more restrictive local order, it must still be followed. That order may prevent or limit your ability to conduct real estate activity.

What are the recommended best practices that must be followed in all circumstances?

• Showings should be done virtually, if at all possible.
• All activities should be completed electronically, if at all possible.
• Only a single agent and no more than two other individuals are to be in a dwelling at the same time during a showing. If other persons are necessary for a showing, they should wait outside or in their vehicles to observe the social distance guidelines.
• Sellers are to be advised that they should not be present within a dwelling at the same time as other individuals. Sellers are to be advised that they may remain on the property or in the common area of an HOA but not in the dwelling unit itself while agents, buyers, inspectors or others are viewing it. If a seller insists on remaining on the property, that seller is to agree to the terms and sign the declaration (see below) that is required for persons entering the property.
• Agents should read and understand the recommendations from the Centers for Disease Control and Prevention (CDC) on how to protect yourself. This is critically important!
• Any persons on the property must agree to adhere strictly to the social distancing guidelines at all times by remaining at least six feet apart per the recommendations established by the CDC.
• Any person entering a property shall provide by declaration that to the best of their knowledge, they are not currently ill with a cold or flu; do not have a fever, persistent cough, shortness of breath, or exhibit other COVID-19 symptoms; have not been in contact with a person with COVID-19; and will adhere to and follow all precautions required for viewing the property at all times. All personsvisiting a property will agree to wash their hands with soap and water or use hand sanitizer prior to entry, and to wear disposable rubber gloves and a protective face mask, if one is made available. In addition, sellers must disclose to all persons who enter the property if the seller is currently ill with a cold, flu or COVID-19 itself, or has a fever, persistent cough, shortness of breath or other COVID-19 symptoms, or has been in contact with a person with COVID-19. Further, if anyone who enters the property is later diagnosed with COVID-19, the person who is diagnosed must immediately inform the listing agent, who will then make best efforts to inform everyone who entered the property after the person diagnosed, of that fact.
• Sellers and buyers must be expressly made aware of the risks of showing and visiting properties: that it may be dangerous or unsafe and could expose them or others to coronavirus (COVID-19). Sellers and buyers must be advised of their responsibilities pertaining to COVID-19 protocols regarding social distancing and other CDC guidelines.
• The agreement of the seller allowing any person entering onto the property or into the dwelling must be expressly obtained from the seller. Apart from marketing and pre-marketing activities, a standard purchase agreement grants the buyer broad discretion to conduct various inspections and investigations. The seller should be apprised of their obligations under the purchase agreement so that they enter into such agreements with a clear understanding of the attendant risks.
• To the extent possible, the use of various third-party services providers for non-essential services must be avoided and, where unavoidable, the providers must agree to sign an agreement to follow CDC guidelines.
• REALTORS® should follow the above protocols when conducting any in-person interactions, but should refrain from any non-electronic unsolicited marketing during the COVID-19-related declaration of emergency.
• Brokers should consider extending listings and putting a hold on marketing activities or other accommodations for those who, for health or other reasons connected to the COVID-19 virus, wish to stop actively marketing their property for the duration of the governor’s stay-at-home order.
• Unless absolutely necessary, communications with clients should be done via electronic means or by telephone. In person conversations should be minimized unless absolutely necessary.

Louie Lujan suggests that theBest practices related to entering a seller’s property are:​

• Listing agents should not leave brochures and flyers in the property but instead upload them to the MLS.
• All showings are to be held by appointment only.
• Discourage anyone who does not need to view the property from attending a showing.
• Agents conducting the showing should meet clients at the property and not drive the client to the property, so as to minimize risk. Information relevant for the showing should be provided in advance to the clients electronically.
• Consider limiting in-person, non-virtual showings to “serious” potential buyers, who are those who have provided verifications of funds and lender prequalification letters to show they are able to purchase the property that is the subject of the showing.
• Let the seller know well in advance that there is an appointment for a showing.
• If using a lockbox, be sure to disinfect the key, the box, and the doorknob prior to utilizing.
• When using disposable gloves, be sure to put them on prior to entry and to dispose of them after leaving each property.
• Ask seller to turn the lights on and leave interior doors, drapes and blinds open. If the property is vacant, agent should ensure these tasks are taken care of prior to the showing.
• Refrain from touching any surface during a showing.
• As indicated above and following the CDC guidelines, maintain a safe distance from anyone in the property by staying a minimum of six feet apart.
• If the size of the residential unit makes it difficult to maintain the six-foot distance for all parties attending the showing, individuals may need to wait outside and come in the property one at a time, at all times maintaining proper social distance.
• Bring your own sanitizers, and gloves — don’t rely on others to bring them. If hand sanitizers are unavailable, liquid hand soap for hand washing should be made available.

Over the course of his more than 18 year career in government, Mr. Louie Lujan has earned the reputation of being a problem solver and consensus builder. He specializes in navigating clients through the process of doing business with government and serves as the ambassador between our clients and government agencies.

With experience on the local, state, and federal level, Mr. Louie Lujan knows how government works. He assists clients with developing a clear and simple strategy for navigating through government agencies. Knowing that relationships are essential, he often leverages his contacts in government on behalf of our clients. Gaining access to key decision makers is an essential part of his work with our clients.