| Dear NYSAR members, Below, please find additional frequently asked questions for the Phase 2 regional re-opening of “New York Forward.” These are questions we have previously answered, however, the answers have been modified to reflect Phase 2 guidance. For frequently asked questions prior to, and including Phase 1, as well as Phase 2 questions, please visit nysarcovidupdates.com. Q – How does the COVID-19 pandemic impact Fair Housing? Can I ask a client/customer/consumer if they have been exposed to COVID-19? A – Yes, the Interim Guidance Document provided by ESD and DOH includes permissible screening questions relating to COVID-19 exposure that must be asked of every seller/buyer/landlord/tenant. Q – Can a professional photographer and/or videographer take photos or video of a property under Phase 2? A – Yes, if the photographer/videographer is operating in a region open under Phase 2. Q – How do I use the NYSAR COVID-19 Phase 2 Disclosure form? A – Below, please find instructions on how to use the Phase 2 form: The form is OPTIONALYou must have the permission of your broker before utilizing the form. Your broker may require you to either: a) use the NYSAR form; b) use a form the broker had prepared; or c) not use any form.The form has been provided to local boards, MLS’ and brokers previously and they may have released the form already with their name and/or logo.Licensees should present the form to the seller or buyer in the same manner an agency disclosure form is presented.The COVID-19 Disclosure form notifies the seller and buyer of the risks associated with permitting an individual to enter one’s property or by entering another individual’s property.By signing the form, the seller or buyer acknowledge that by permitting such access or by accessing the property they assume the risk of potential exposure to COVID-19. Licensees should explain to the seller and/or buyer that the form outlines the risks of COVID-19 exposure and by signing the form they are acknowledging and assuming such risks.Licensees should have the seller and/or buyer sign the form, print their name next to their signature and provide a signed copy to the seller or buyer and retain a signed copy for the broker’s file.The form may be delivered in any manner currently permitted (paper, electronic transmission).A copy of the COVID-19 Phase 2 Disclosure form can be found HERE. Q – If I use the NYSAR COVID-19 Disclosure form can I perform in-person showings in a Phase 2 region? A – Yes, so long as all requirements contained in the Interim Guidance Document are strictly followed. Q – What is the seller and/or buyer agreeing to when they sign the NYSAR COVID-19 Phase 2 Disclosure form? A – In the event the seller and/or buyer is exposed to COVID-19 as a result of permitting or gaining access to the property, the form acts as a disclosure notice outlining the risks and having the party acknowledge that they are assuming such risk through their actions. If a licensee and/or broker were named in a lawsuit alleging exposure to COVID-19 by the seller and/or buyer (or a member of their household), the form could be used to show the seller and/or buyer were aware of the risks and assumed the risk of permitting access or gaining access to the property. Q – What if the seller and/or buyer refuse to sign the COVID-19 Phase 2 Disclosure form? A – Licensees should follow the same procedure when a consumer refuses to sign an agency disclosure form. If the seller and/or buyer refuse to sign the form, the agent shall set forth a written declaration of the facts of the refusal and shall maintain a copy for the broker’s file. Q – If a buyer/tenant refuses to sign the COVID-19 disclosure or answer the screening questions, can the seller/landlord refuse to show the property to that party? A – Yes, the seller/landlord can require compliance with both the COVID-19 Phase 2 Disclosure Form as a prerequisite before the showing. Consumers are not required to sign the COVID-19 Phase 2 Disclosure or answer the screening questions and if all parties are comfortable with that, a showing may occur. Q – If a seller/buyer/landlord/tenant answers yes to any of the screening questions, what should I do? A – If a seller/buyer/landlord/tenant answers yes to any question, it would be up to the parties as to whether they want to continue with the in-person showing assessing what risks they may be taking. For instance, a buyer is a health care worker and is exposed to COVID-19 as a result of their occupation. That would not disqualify them from the in-person showing if the seller is comfortable with the precautions being taken. If they are not comfortable, a licensee would not be required to conduct an in-person showing if any of the questions were answered “yes”. This would be a scenario where it would be prudent to utilize the COVID-19 Phase 2 Disclosure Form. Q – Can a licensee perform an in-person open house in a region open under Phase 2? A – Yes, however the Interim Guidance Document only permits one party to be in the property at a time. As a best practice, licensees should schedule appointments for an open house in order to avoid having multiple parties present at the property and congregating outside waiting to see the property. Q – Can I have in-person contact with a member of the public in a region open under Phase 2? A – Yes. The Interim Guidance Document permits in-person contact with a member of the public so long as required health and safety measures set forth in the document are followed. Q – Can the purchaser be present during the inspection? A – That would be up to the inspector and their interpretation of the Interim Guidance Document. Q – Can I conduct a final walkthrough with a consumer in a region open under Phase 2? A – Yes, so long as all requirements for a showing contained in the Interim Guidance Document are strictly followed. Q – Can a licensee perform in-person showings in a region open under Phase 2? A – Yes, so long as all requirements contained in the Interim Guidance Document are strictly followed. Q – Can I attend a closing in a region open under Phase 2? A – Licensees should not be attending closings in-person. |
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