Update  
The Business of Real Estate under the Current Public Health Order 
Effective December 2, 2020

Under the most recent Public Health Order, effective December 2, 2020 (“Order”), real estate falls within the “All Other Businesses” category, which allows brokers and brokerages to continue to conduct business.  
 
The new Order creates a tiered system for how business may be conducted based on the new COVID-19 case incidence rate and/or positive COVID-19 testing results in the respective county in which the brokerage is located or the real estate business is being conducted. The framework divides the counties into green, yellow, and red levels.  
  • Green-Level Counties: those with BOTH a new COVID-19 case incidence rate of no greater than eight (8) cases per 100,000 inhabitants during the most recent two-week period AND an average percent of positive COVID-19 test results over the most recent 14-day period of less than or equal to five percent (5%). 
  • Yellow-Level Counties: those with EITHER a new COVID-19 case incidence rate of no greater than eight (8) cases per 100,000 inhabitants during the most recent two-week period OR an average percent of positive COVID-19 test results over the most recent 14-day period of less than or equal to five percent (5%). 
  • Red-Level Counties: those with a new COVID-19 case incidence rate of greater than eight (8) cases per 100,000 inhabitants during the most recent two-week period AND an average percent of positive COVID-19 test results over the most recent 14-day period of greater than five percent (5%). 

Currently, all counties are Red-Level Counties, with the exception of Los Alamos. In Red-Level Counties, real estate brokerages can open and work at a 25% capacity or 75 customers at one time, whichever is less – meaning that the number of people permitted in the brokerage at any given time may be 25% of the office’s capacity or 75 people, whichever is less. Showings, inspections, repairs, appraisals can all take place with adherence to the mass gathering restrictions of no more than five (5) people gathering together at any given time. Masks must be worn at all times and all other COVID-Safe Practices must be followed.  
 
In Yellow-Level Counties, real estate brokerages can open and work at a 25% capacity OR 125 customers, whichever is less– meaning that the number of people permitted in the brokerage at any given time may be 25% of the office’s capacity OR 125 customers, whichever is less. Showings, inspections, repairs, appraisals can all take place with adherence to the mass gathering restrictions of no more than five (5) people gathering together at any given time. Masks must be worn at all times and all other COVID-Safe Practices must be followed. Currently, Los Alamos County is the only county that falls within these guidelines. 
 
In the Green-Level Counties, real estate brokerages can open and work at a 50% capacity - meaning that the number of people permitted in the brokerage at any given time may be 50% of the office’s capacity. Showings, inspections, repairs, appraisals can all take place with adherence to the mass gathering restrictions of no more than 20 people gathering together at any given time. Masks must be worn at all times and all other COVID-Safe Practices must be followed. Currently, no New Mexico County fall within this tier. 
 
The New Mexico Public Health Department will maintain a map containing each county’s current level. The map will be updated on Wednesday, December 2, 2020 and on every other Wednesday thereafter.  
 
Traditional “Open House”: The Order does not address Open Houses, specifically, but the traditional “Open House” presents potential challenges. A traditional Open House allows any number of people to “show-up” at any time during the Open House. This could easily result in more than five (5) persons being present at the home at any given time. While there may be ways to manage the applicable mass gathering restriction while conducting a traditional Open House, a more prudent alternative would be an “Open House by Appointment”, which would allow for more control over the number of persons present at any given time.