03/30/2020
Palm Beach County Real Estate Guidance
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COVID-19 Emergency Order 2
Palm Beach County announced the implementation of Emergency Order # 2 to minimize the spread of the COVID-19 pandemic. In short, this Emergency Order requires all non-critical businesses to shut down in Palm Beach County.
After extensive dialogue amongst Palm Beach County Staff and your Association’s Public Policy Team, we were able to include in the Executive Order a provision for REALTORS®. It states that REALTORS® are allowed to conduct all current transactions until they are finalized, but all future work must be electronic until further notice.
Executive Order Number 2, Section 4 (page 10)
“This includes Realtors® who will not conduct any open houses, but may remain open to the extent that business can be conducted remotely and electronically and as may be done in compliance with CDC and FDOH requirements to close and finalize existing in process transactions.”
The County attorney has provided further clarification stating:
“…we allowed all current transactions to be finalized, but future work must be electronic for now. In many ways, Realtors® can service clients without in-person contact.”
This clarification allows Realtors® to continue to conduct business within the parameters of the Order. The Broward, Palm Beaches and St. Lucie Realtors® Public Policy Team is continuing to monitor the situation and when appropriate will lobby for less restriction as this situation evolves.
In an effort to assist our members, we're offering the following general guidance after consulting with legal professionals; however, we encourage brokers to seek legal advice from their own legal counsel, as opinions can vary with other factors.
What the new Order means to our Members:
Are brokers in Palm Beach County allowed to continue practicing real estate? Answer: Yes, brokers are allowed to continue practicing real estate. However, interaction between real estate agents and the public must occur electronically for now. In Palm Beach County, real estate agents are not allowed to physically meet with clients or customers.
Are agents allowed to list homes? Answer: Yes. Agents are allowed to work with sellers and list homes, although agents and sellers are not allowed to be physically present with one another. Agents are required to work with sellers electronically. They can tour the home via video tour or they can physically view the home provided members of the public (including seller) are not present.
Are agents allowed to conduct Showings? Answer: Only virtually. Showings must occur without the agent, customer or client physically interacting. Our MLS rules do NOT require that showings be permitted for properties listed in the MLS; however, if showings occur, agents are prohibited from meeting clients on-site and physically touring the residence together. Agents are encouraged to create online home tours and share them with their customers and clients. Agents are allowed to conduct virtual showings providing no members of the public are present during the event (includes sellers, buyers and other real estate agents). Showings must occur without any other parties being present.
Are agents allowed to conduct Open Houses? Answer: Only virtually. The Association recently added a new Virtual Open House tool in the MLS that allows agents to conduct Showings while adhering to the new Order and maintaining social distancing. Through the use of any online virtual service, such as Facebook, Zoom or Microsoft Teams, agents are now able to preschedule Open Houses for a future date and “live stream” them while customers and clients view them from the comfort of their homes. Seller must not be present while Open Houses are occurring.
