QUESTION: I understand that new Guidelines have been issued by the State of California Department of Public Health (”DPH”) and OSHA. What do we do now that these Guidelines have been published?
ANSWER: You are correct. Those Guidelines were published today, May 8, 2020. The state Guidelines can be reviewed at: https://covid19.ca.gov/pdf/guidance-real-estate.pdf
While these Guidelines contain new and detailed protocols for Agents showing properties and opening real estate offices, it is important to note that:
- These are Guidelines, not requirements; and
- CAR has already created specific, best practice recommendations and guidelines as well as COVID-19 forms that are designed to ensure the safety of clients, real estate agents and all other ancillary service providers and vendors who are essential to facilitating real estate transactions.
BEST PRACTICE TIPS: Until such time as either CAR changes its forms, guidelines and COVID-19 forms, or there are modifications to the DPH/OSHA Guidelines, the best advice that can be offered is:
- Continue to use all of the CAR forms developed for use during this COVID-19 pandemic in the manner proscribed by CAR;
- Follow the safety and sanitation practices in those forms and other guidelines;
- Continue to advise clients, vendors, inspectors and all other people who enter properties for sale or rent to follow those same safety and sanitary practices – everyone should sign the PEAD form;
- If any client or other person refuses to follow your advice, document your advice warning against unsafe activities in an email to the client, That email should specify what the client has told you, why they will not follow your advice and it also needs to confirm that the client understands that they are assuming the risk of not following your advice. That email should then be placed in the Broker file.
- Even though there is some relaxation in local Shelter in Place/ Stay at Home Orders, Agents should strongly recommend that all persons entering the property (for sale or rent) wear a mask, gloves and not touch anything while in the property. The Agent showing the property should wear disposable gloves to turn on lights, open doors, etc. Agents should promptly and properly dispose of those gloves upon exiting that property.
- Remember that stricter local Orders prevail over less strict state Orders. So, for example, if a local Order does not permit showings of seller or tenant-occupied properties, that local rule must still be followed.
- BOTTOM LINE: Everyone should wait for CAR to publish updated forms or guidelines in light of these new rules, which may also be changed once again. The only thing that is certain is that we can expect more change.
WEEKLY PRACTICE TIP: DO NOT FORWARD TO CLIENTS. This Weekly Practice Tip is for the exclusive use of clients of Broker Risk Management and their agents. It may not be reproduced or distributed without the express written consent of Broker Risk Management. The advice and recommendations contained herein are not necessarily indicative of standards of care in the industry, but rather are intended to suggest good risk management practices.
© Copyright Broker Risk Management 2020 05/08/20