FAQ: Guidance on Showing Properties
Updated on January 8, 2021
On July 2, 2020, the Departments of Public Health and Cal/Osha revised their “Industry Guidance: Real Estate Transactions” (“Industry Guidance”). This guidance implements the state Stage 2 expansion for real estate transactions and contains a host of rules detailing how properties must be shown during COVID-19.
Important! If a city or county in which you do your business activity has an order with a more restrictive standard on real estate 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.
Are brokers and agents legally permitted to show properties?
Yes. However, according to the Industry Guidance, showings should be done virtually, whenever possible.
Do the agents in the office have to follow the prevention plan as well?
Yes. All agents must follow the prevention plan.
Does the PEAD-V form have to be signed in advance of entering the property?
Yes. The PEAD form was previously optional. But now the Industry Guidance requires all persons entering the property to 1) comply with the Posted Rules of Entry as a condition of entry, and 2) agree to the prevention plan. So, in signing the PEAD-V, visitors are at the same time agreeing to these two sets of rules – which is required.
Does any other document need to be signed in advance by a person entering the property?
No. Only the PEAD-V needs to be signed. But, the prevention plan is pre-checked and attached to the PEAD-V. So, a buyer who electronically signs the PEAD-V will agree to and receive the prevention plan.
Who must sign the PEAD-V?
Every person entering the property including clients, appraisers, inspectors, stagers, contractors, repairmen and even buyer’s agents.
Does the PEAD-V have to be signed electronically?
Yes. Another Industry Guidance rule is that all information must be delivered electronically. Further, agents must discontinue providing handouts or other types of promotional or informational materials. So, the PEAD-V must be signed electronically.
When does the PEAD-V need to be signed?
The PEAD-V preferably should be signed on the day of entry. If that is not possible or pragmatic, then it should be signed no earlier than 24-hours before entry.
What are other purposes of the PEAD-V?
In addition to obtaining the agreement to follow the Posted Rules for Entry and the prevention plan, the visitor assumes the risk of entering the property and the visitor attests they are not, to the best of their knowledge, afflicted with COVID-19, among other things.
Does the Prevention Plan have to be agreed to by all persons who enter the property?
Yes. Both the prevention plan the Posted Rules for Entry have to be agreed to.
Does the prevention plan have to be signed by everyone entering the property?
No, only the PEAD-V needs to be signed. Since prevention plan is pre-checked and attached to the PEAD-V, a buyer who electronically signs the PEAD-V will agree to and receive the prevention plan.
Whose prevention plan is being agreed to? Does the buyer have to agree to the prevention plan of the listing broker?
Yes. The buyer must agree to the prevention plan of the listing broker. In fact, even the buyer’s agent is supposed agree to the listing broker’s prevention plan, as does everyone who enters the property.
The only time that would not be the case is if there were no agent representing the seller. In that circumstance then it would be incumbent on the buyer’s agent to have all entrants agree to their own brokerage’s rules of entry and their own brokerage’s prevention plan.
Do the rules of entry have to be posted?
Yes. Use C.A.R.’s “Posted Rules for Entry.” They must be posted at the entrance and be clearly visible.
Should the Posted Rules for Entry be displayed online?
Yes. These rules or a link to the rules should be part of online public and MLS listings.
Can an agent hold an open house?
Short Answer: Agents may hold “non-traditional” Open Houses. An open house sign may be posted but all signs and advertisements must include a rider or express condition indicating that appointments or digital sign-in are required. Additionally, all of the cleaning and social distancing protocols must be adhered to, including cleaning and disinfecting of commonly used surfaces before and after each showing.
Detailed Answer: On July 2, the Departments of Public Health and Cal/OSHA released new guidance on COVID-19 relating to real estate. Based on this revised guidance, an advertisement using the term "Open House" alone is still likely deceptive as it implies a walk-in basis without the mandatory appointments/digital sign-in protocols that are not typical for an “open house.” Although it is recommended that no “Open House” signs be used, if they are, they must also have a sign rider or express condition indicating that appointments or digital sign-in are required before entry. Of course, the regular protocols of advance digital completion of PEAD forms before entering, social distancing, limitations on persons going through the house at one time, cleaning and disinfecting between each showing, etc. apply. However, any type of traditional open houses -- spontaneous walk-up with no digital sign in or appointment or adherence to all protocols—would threaten the policy allowing licensees to show property and, worse, threaten the health of the seller and those visiting potentially causing a super-spreader event.
As far as a seller or tenant is concerned they are to be advised, in accordance with their legal rights, that they should not present within a dwelling at the same time as other individuals.
Is the property required to be equipped with hand sanitizer, disinfecting wipes and face masks?
Yes. The property must be equipped with hand sanitizer and disinfecting wipes. It is no longer required to place these items at the property entrance. Face covering should be made available in the event a visitor does not have their own.
Whose job is it to provide these items?
The agent who shows the property shall follow cleaning and disinfecting protocols and provide sanitation products unless otherwise agreed. Keep in mind that the brokerage whose plan is being implemented (almost always the listing brokerage) must regularly evaluate the plan for compliance and correct deficiencies identified.
As general risk management advice, we also recommend that all agents have these sanitation products at the ready since if they show a property and the products are not available, then really, they are violating the Industry Guidance in showing the property.
When are visitors entering the property required to use the hand sanitizer?
The rule is that those entering the property will either use hand sanitizer or wash their hands with soap and water “immediately upon entry before touring and inspecting the property.”
Must the property be cleaned before entry?
The requirement is to thoroughly clean shown properties and disinfect commonly used surfaces including counters, door and cabinet handles, key lock boxes, keypads, toilets, sinks, light switches, etc. These surfaces must be cleaned and disinfected before and after each showing. Where possible, do not clean floors by sweeping or other methods that can disperse pathogens into the air. Use a vacuum with a HEPA filter wherever possible.
Prior to and concluding in-person showings, real estate licensees must disinfect mobility and safety fixtures on the property such as handrails and banisters, door knobs and locks, and any other surfaces that may have been touched during the showing. Adjust or modify showings to provide adequate time for proper cleaning and disinfecting. If the property is currently occupied, ensure adequate time to disinfect after occupants leave for showings and before and after clients view the property.
The above statement is taken almost word for word from the Industry Guidance.
So, the property must be cleaned both before and after each showing?
The requirement is that shown properties must have commonly used surface areas cleaned and disinfected before and after each showing.
Whose job is it to clean and disinfect before and after each showing?
The agent who shows the property shall follow cleaning and disinfecting protocols and provide sanitation products unless otherwise agreed. Keep in mind that the brokerage whose plan is being implemented (almost always the listing brokerage) must regularly evaluate the plan for compliance and correct deficiencies identified.
Does the seller have any legal responsibility for cleaning?
Yes, in certain circumstances. Where the current occupants are present and/or participate during property showings then they should adhere to the same standards regarding physical distancing, proper cleaning and disinfecting protocols, and promote a safe environment for all persons present. This is a legal requirement directly from the industry guidance. However, if the broker is to rely on the efforts of the seller to clean and sanitize then a good risk management practice would be to clarify in writing that the seller agrees to this responsibility.
Keep in mind that the brokerage whose plan is being implemented (almost always the listing brokerage) must regularly evaluate the plan for compliance and correct deficiencies identified.
Can the seller pay the costs of having a cleaning service perform this requirement?
Yes. The RLA-CAA has an option in which the seller will be authorized to hire a cleaning service and pay the cost.
Do the doors and windows have to be opened for a showing?
Yes, doors and windows must be opened, weather permitting, to introduce fresh air. Also, doors and other areas of ingress and egress must be opened to minimize clients touching surfaces.
Can a property be shown if the occupants are still in the property?
Yes. When possible, houses SHOULD be shown when the occupants are not present. Sellers and tenants, in accordance with their legal rights, are to be advised that they should not be present within a dwelling at the same time as other individuals.
However, sellers or other occupants cannot be forced to vacate the property during a showing. If current occupants are present and/or participate during property showings, in accordance with their legal rights, they should adhere to the same standards regarding physical distancing, proper cleaning and disinfecting protocols, and promote a safe environment for all persons present.
Does the property have to be vacant to be shown?
No.
Does every person on the property have to adhere to the social distancing protocols?
Yes. social distancing – six feet of separation – must be maintained at all times.
What should visitors avoid touching?
Everything.
Do all persons entering the property have to wear face coverings?
Yes. All visitors must wear face coverings. But for individuals with disabilities who cannot wear a face covering or face shield, the showing agent will engage in an interactive process with the individual to discuss any available reasonable accommodations.
Are gloves required?
No.
After showings, are people required to discard their face masks?
No. The July 1 revision of the Industry Guidance eliminated the specific requirement that all disposable covers including masks, gloves or booties are to be discarded.
NOTE
The information contained herein is believed accurate as of July 13, 2020. It is intended to provide general answers to general questions and is not intended as a substitute for individual legal advice. Advice in specific situations may differ depending upon a wide variety of factors. Therefore, readers with specific legal questions should seek the advice of an attorney.
