Can licensees still take a listing? (updated 4/3/20)
Yes. Licensees are required to make every effort and explore every alternative to avoid person-to-person contact with members of the public. This can be done a number of ways including utilizing alternate means such as electronic transmission and signing of documents. A licensee must continue to follow government recommended health and safety precautions if they are having person-to-person contact with the general public.
Can a licensee perform in-person showings? (updated 4/3/20)
No. Pursuant to the most recent guidance from EDC, all showings must be done “virtually” by the licensee. When such “virtual” showings occur, the seller should leave the property so as to avoid person to person contact with the licensee.
Can I go to a vacant home or vacant land to view it or take photographs for a listing? (updated 4/3/20)
Yes, with the knowledge and informed consent of the seller. In the event the property is not vacant upon arrival, the licensee should cease taking photographs/video and leave the property. NYSAR strongly advises against the use of a third-party photographer/videographer as they are not an essential business. Licensees and/or homeowners are able to take the pictures or video.
Can I conduct a final walkthrough with the purchaser? (updated 4/3/20)
No. Pursuant to the most recent guidance from the EDC, licensees are prohibited from going to a property with their client or customer. NYSAR is recommending that the buyers and sellers speak with their attorneys about scheduling a final walkthrough without the licensee being physically present. The licensee may communicate with their client or customer via phone or video conferencing during the final walkthrough.
I know that NYSAR has been working to represent us during the entire COVID-19 crisis, but I would like to know more details. (added 4/3/20)
- 3/7 - Executive Order(EO) 202 declaring a disaster emergency for New York State
- 3/18 - EO 202.6 requires non-essential businesses to reduce in-person workforce by 50% by March 20, 8:00pm
- 3/19 - EO 202.7 requires non-essential businesses to reduce in-person workforce by 75% by March 21, 8:00pm
- 3/20 - EO 202.8 requires non-essential businesses to reduce in-person workforce by 100% by March 22, 8:00pm
- 3/20 - Governor Cuomo issues guidance on essential businesses within “New York State on Pause” EO. The essential business list does not include real estate services.
- 3/22 - 8:00 pm – all non-essential business, including real estate, must close in-office personnel functions
- 3/23 - NYSAR & REBNY ask Governor Cuomo and Empire State Development (ESD) to include “real estate closings” and county clerks to be deemed essential
- 3/23 - NYSAR asks Governor Cuomo and ESD to amend EO 202.6 to include “services related to real estate transactions” as essential
- 3/25 - NYSAR and REBNY ask Governor Cuomo for clarity regarding permissible real estate activities
- 3/28 - NYSAR receives copies of emails from licensees where ESD has deemed them “essential” with no limiting language
- 4/1 - NYSAR receives copies of emails from licensees where ESD has deemed only certain functions of a licensee as essential
- 4/1 - ESD changes previous guidance to only allow virtual showings and remote work