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By Tiffany Banks, Nevada REALTORS® General Counsel
Tonight, on April 8, the Governor announced a directive limiting open houses and in-person showings on properties occupied with tenants. While the majority of our members have already been limiting showings substantially, taking necessary precautions and observing CDC recommendations, we support the Governor in taking this a step further by ordering open houses and showings of tenant-occupied properties be limited. The Governor has made it clear, that this provision in his directive shall not be construed to limit the sales of real estate during the state of emergency.
Can I still hold an open house in a property where the seller lives if they want me to market my property that way?
The Nevada REALTORS® does not support any open house activity at this time. As of right now, the Governor has made it clear that he wants to limit as much in-person activity as possible. While you as a REALTOR® are still deemed an essential service, how you conduct yourself at this time could potentially impact that designation in the coming weeks and months. The Governor has stated time and time again, that the goal of Stay Home For Nevada is to limit the amount of people that come in contact with one another, therefore any type of open house would be taking an unnecessary risk at this time.
Under this directive can a tenant refuse to allow in person showings of the property they are residing in? Does this only apply to tenant occupied property?
Yes. This directive regarding in person showings ONLY applies to properties where tenants are residing. This means that for the duration that the directive is in effect, in-person showings are impermissible in properties where tenants are residing.
NRS 118a specifically says the seller can access the property for a showing with 24 hours notice. Which do I follow?
NRS 118a.330 specifically states that the landlord can enter to exhibit the property to potential or actual purchasers with 24 hours notice. The Governor's directive supersedes Nevada law. At this time the seller cannot gain access to the tenant-occupied property with ANY notice.
Can the tenant agree to take pictures of the property and send to seller for a virtual tour?
Yes, if tenant agrees, the tenant can take pictures, videos or other virtual access and send to the property owner. The tenant cannot be forced or coerced into taking these pictures and videos. The REALTOR® can then create a virtual tour that can be used to market the property. This means that when marketing the property, you as a REALTOR® can use three-dimensional interactive property scans, virtual tours, and virtual staging to showcase a property.
If a seller wants to market a property they live in, can the REALTOR® schedule one-on-one showings?
Yes. One-on-one showings are still allowed under the Governor's order, as long as it is not occupied by a tenant. Remember, REALTORS® engaged in real estate sales during the state of emergency shall adopt precautionary measures and COVID-19 risk-mitigation practices to minimize the risk of spread of the disease and are encouraged to avoid in-person transactions and services to the extent practicable.
You can find the April 8th directive here: https://nvhealthresponse.nv.gov/wp-content/uploads/2020/04/Directive-013-Release-Guidance-Directive.pdf
Please keeping following Nevada REALTORS® updates through our Facebook page, eNews and on our website under our COVID-19 tab. We will be updating articles as updates come available. We are continuing to work on issues that impact our members and their clients. For legal questions email infoline@nvrealtors.org
Click here for a PDF copy of this document.
Statements made by the Nevada REALTORS® Legal Information Line attorneys on the telephone, in e-mails, or in legal eNews articles are for informational purposes only. Nevada REALTORS® staff attorneys provide general legal information, not legal representation or advice regarding your real estate related questions. No attorney-client relationship is created by your use of the Legal Information Line. You should not act upon information you receive without seeking independent legal counsel. Information given over the Legal Information Line or in these articles is for your benefit only. Do not practice law or give legal advice to your clients! Inform your clients they must seek their own legal advice.
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