How Does This Impact Real Estate in the Charlotte Area? Here are the Details
The following are amendments to the proposed Detailed Plan of Action, originally included in the April 1, 2020, correspondence from the Canopy Realtor® Association and Canopy MLS, and expand on the Clarification and Guidance issued on March 28, 2020, regarding Allowable and Prohibited Transactions for Real Estate Transactions.
Allowable and Prohibited Transactions
Real Estate TransactionsProhibited Unless Virtual: Anyone looking to purchase real estate, but who has not “vested” money into a house, which could be forfeited or lost, should do it virtually only and avoid any face to face interaction with a realtor during this period. Any communication regarding the transaction should be done electronically.
Allowed with Conditions: Those who have vested money (either by way of earnest money or mortgage loan commitments) which they could wind up losing and closing is imminent or soon to be scheduled, in order to complete the purchase and effect the closing, the following guidance should be used when completing that transaction:
Walk-through prior to closing:
No more than three people may be in the residence at any given time. This allows for the realtor and up to two of the buyers.
Each person present must maintain Centers for Disease Control (CDC) compliance at all times in all applicable areas.
Practice social/physical distancing: stay at least six feet apart from other people.
Do not participate if you have any symptoms or fever.
Avoid touching your eyes, nose, and mouth with unwashed hands.
Cover your cough in your sleeve or sneeze with a tissue, then throw the tissue in the trash.
Clean and disinfect any objects or surfaces touched using a regular household cleaning product.
Wash your hands often with soap and water for at least 20 seconds on entering and leaving the dwelling with soap and water or an alcohol-based hand sanitizer that contains 60%-95% alcohol.
The realtor is responsible for supplying cleaning products and handwashing products.
Owners/sellers should not be in the residence at the time if the subject property is owner-occupied.
To the extent electronic signatures may be lawfully obtained and used, choose this option to close the transaction.
For all face to face closings, CDC recommendations (as outlined above) should be followed.
Additional Amendments to Stay at Home Order Regarding Residential Brokerage and Leasing
The following are Additional Amendments to the March 26, 2020, Stay at Home Order and subsequent Clarification and Guidance on March 28, 2020, and originally included in the April 1, 2020, correspondence from the Canopy Realtor® Association and Canopy MLS.
Detailed Plan of Action
1) Adherence to the following requirements specified in Executive Order 121 for those businesses classified and Essential Businesses and Operations:
Requires COVID-19 Essential Businesses and Operations, to the maximum extent possible, to direct employees to work from home or telework.
Requires COVID-19 Essential Businesses and Operations, to the extent practicable, to maintain the following Social Distancing Requirements: a. Maintaining at least six (6) feet distancing from other individuals;b. Washing hands using soap and water for at least twenty (20) seconds as frequently as possible and numerous times throughout the day or the use of hand sanitizer;c. Regularly cleaning high-touch surfaces; [In vacant homes and rental agents will be solely responsible for cleaning high-touch services throughout the vacant property.]d. Facilitating online or remote access by customers, if possible. [Completion of as much of the selling process online and through the mail as legally permissible.]
In addition to the Governor’s Executive Order 121, the following other practices will be implemented:
2) Taking Listings when Sellers have a financial need to move and have no option to “stay-in-place” will be done virtually to the extent possible. If there is a need to visit the home to obtain signatures where the Seller does not have access to electronic technology, the agent may drop documents at the home; leave documents in an agreed-upon location and leave the property. Once the Seller retrieves the documents and signs them, they can put them back in the agreed-upon location and contact the agent to come to pick up the document. The agent may also take a photo of the front of the house for use in putting the listing in the MLS.
3) Selling or renting/leasing property to consumers who are or about to be in a position where they have no option to “stay-in-place” specifically:
Sellers who have sold their home and have not bought or rented a home
Individuals and/or families moving to the County for secured employment and have not bought or rented a home
Tenants who are losing their current residence (due to sale of the property or non-renewal of lease) who need an immediate place to live
4) Measurements by measurement service providers may measure vacant property only. Only one measurement provider may be in the home at one time.
5) Photographers and videographers may provide their services in vacant property only. Only one photographer and/or videographer (if they are different) may be in the home at one time.
6) Sellers of occupied homes that do not currently have a virtual tour or photos of their home will need to create their own virtual tours and/or take additional photos.
7) In-person showings of homes for sale or rentals on the market are restricted to vacant property only. When showing vacant property, the agent shall not ride in the same vehicle as the consumer and no more than three people may be in the residence at any given time. This allows for the realtor and up to two of the buyers.
As stated above, when showing vacant property, the agent is to :
a. Maintain at least six (6) feet distance from other individuals. b. Wash hands using soap and water for at least twenty (20) seconds as frequently as possible and numerous times throughout the day or the use of hand sanitizer. c. Regularly clean high-touch surfaces; [In vacant homes and rental units agents will be solely responsible for cleaning high-touch services throughout the vacant property.]
8) All other showings of homes for sale or rentals must be done virtually.
9) In any situation, where there is a need for human interaction, such interaction is subject to the CDC Guidelines for Social Distancing including but not limited to the following:
a. Identify customers and employees who have viral symptoms and prohibit them from entering the vacant property. b. Require what the CDC calls “respiratory etiquette,” including covering coughs and sneezes c. Provide customers and employees with tissues and trash receptacles. d. Prohibit hand shaking and other physical contact between individuals.