Q&A and Resources on COVID-19 Safety Compliance
What is the industry guidance for real estate professionals, specific to COVID-19?
The State of California, including the California Department of Public Health and Cal/OSHA, released guidance for the real estate industry, which must be followed.
- Guidance for Real Estate Transactions, including showings.
- For those managing offices: Guidance for Office Workspaces
NOTE: If a city or county in which you do your business activity has an order with a more restrictive standard on real estate activities, i.e. a more restrictive local order, it must still be followed. Additionally, other local, state, and federal rules, regulations, and laws (such as Fair Housing) still apply.
Does C.A.R. have a Legal Q&A on Industry Guidance on Showing Rules?
Yes. Also, Neil Kalin, Assistant General Counsel, California Association of REALTORS®, recently presented best practices for showing property and explanation of the related C.A.R. forms.
Are traditional open houses permitted under the Industry Guidance?
Who can enforce the rules/guidance? Who can I call if I see something?
- Consider having a candid conversation with the other party, or even a broker-to-broker conversation, regarding compliance with the Industry Guidance. If that fails to obtain compliance, you may consider the following.
- The Association does not enforce the Industry Guidance. However, if a REALTOR® believes that another REALTOR® is in violation of the Code of Ethics or MLS Rules, REALTORS® can file a disciplinary complaint.
- The Department of Real Estate has an online complaint system. Also, anonymous complaints may be submitted by using the Enforcement Online Complaint System at https://eocs.dre.ca.gov/ related to any real estate issues, including compliance with Covid-19 guidelines.
- You can also call the OC Health Care Agency's OC COVID-19 Hotline at (714) 834-2000. For questions about the enforcement of the Health Officer's Order, please contact the Orange County Sheriff's Department's (OCSD) dispatch team at (714) 647-7000. For those cities not under contract with OCSD, please contact your city police department's non-emergency dispatch line.
- Cal/OSHA enforces the Industry Guidance. To report a potential violation to Cal/OSHA, call (714) 558-4451.
This article is given for informational purposes only and not intended to be a substitute for individual legal advice. Questions? Contact your broker, your attorney and/or the C.A.R.’s Member Legal Hotline: (213) 739-8282.