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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.

 

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?

No. Do not hold “traditional” open houses or showings that are open to the general public on a walk-in basis. See Q&A #20 and the Industry Guidance for Real Estate Transactions.

 

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.

 

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