By Tiffany Banks, Nevada REALTORS® General Counsel
June 29, 2020
Tonight, Governor Sisolak announced his Emergency Directive 026 which extends the limitation of all open houses and in-person showings of tenant occupied properties until July 31st, 2020. View Emergency Directive 26 here.
What does that mean for us and for the real estate industry as a whole? Read below to find out.
Can I do open houses beginning on July 1st for seller occupied or vacant properties?
Unfortunately, no. The Governor has extended the date of his Phase 2 roadmap to recovery to July 31st. REALTORS® should continue to make every effort to avoid in-person transactions and services to the extent practicable. 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. Although one-on-one showings are still allowed in non-tenant occupied properties, be sure to adopt precautionary measures and COVID-19 risk mitigation practices to minimize the risk of spread of the disease.
When open house activity does resume after July 31st*, it is imperative that everyone follow proper social distancing guidelines as prescribed by the CDC including:
- Limiting the amount of people in the property at one time and limiting the amount of people to no more than 10 congregating outside the property;
- Using Strict sanitation measures, including cleaning in between potential buyers viewing the property;
Can I do open houses beginning on July 1st for tenant occupied properties?
- Promote frequent and thorough hand washing, including visitors with a place to wash their hands. If soap and running water are not immediately available, provide alcohol‐based hand rubs containing at least 60% alcohol.
- PPE usage- Any employee, or agent of the brokerage who interacts with the general public is encouraged to wear appropriate face coverings/masks and proper PPE;
- Monitoring illness- Anyone sick, feeling sick or recently sick should stay home.
Open houses for tenant occupied properties continues to not be permitted until after July 31st. There are no exceptions. As this is a constantly evolving situation this date too may be extended by an additional Governor directive in the coming weeks so stayed tuned. In the meantime, it remains imperative that property managers and landlords consider everyone's health and safety first and achieve their marketing needs using predominantly virtual platforms.
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 until July 31st in-person showings are impermissible in properties where tenants are residing. Even if the tenant agrees to the showing. There are no exceptions.
Can the tenant agree to take pictures of the property and send to seller for a virtual tour?
Yes, if the tenant agrees, the tenant can take pictures, videos or other virtual access and send them 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.
Do you anticipate closings and signings to be delayed in the coming weeks?
Brokers and agents are encouraged to use e-notary processing for all transactions moving forward. All efforts should be made to ensure that fraudulent activities do not occur utilizing the e-notary systems. It is strongly encouraged that all parties work closely at this time on innovative ways to keep transactions closing as required in the real estate contract.
What other guidance has the Governor come out with in the recent weeks?
Face Coverings: Any employee, or agent of the brokerage who interacts with the general public is required to wear appropriate face coverings/masks. Clients, potential clients, vendors or the public, entering the brokerage must wear face coverings. This mandatory requirement began on June 25, 2020. Failure to comply can result in criminal and civil penalties, and suspension and revocation of licenses. Directive 024 requiring all Nevadans to wear face coverings can be viewed here.
Please keep following Nevada REALTORS'® updates through our Facebook page, e-news and on our website under our COVID-19 tab. We will be updating articles as updates become available. If the July 31st date gets extended*, we will be sure and let you know. We are continuing to work on issues that impact our members and their clients. For legal questions email email@example.com.
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.