CAR Attorney: RE Agent Activities Not Essential Services
"As we continue to navigate through the daily changes of the coronavirus situation, and the impact on our industry, our goal is to provide you with the tools and information to successfully manage your business.
With the recent ‘Stay at Home’ directive from our Governor, the real estate industry was not deemed an “essential” business, at this time. We recommend that you follow the guidelines outlined in this order, as well as the recommendations from the California Association of REALTORS®" Sent to me from our local board of REALTORS® today.
We are part of the big three immediate basic needs: Food, Shelter & Clothing. However, in California (and anywhere else in the USA a state's mandatory "shelter in place" order exists). it's important to know the California law does not, so likely your state doesn't either. Mitigate COVID-19 now for the 2.5 weeks we were ordered to and help us return to health and work sooner, otherwise we're looking at longer shelter in place downtimes. Please read MichelleCherie Carr Crowe Just Call...408-252-8900 post below and see her additional post:
Can real estate agents legally engage in face to face, in-person real estate activities, such as listing appointments, showing houses, hosting open houses and meeting inspectors at homes with California's current "shelter in place" order?
As readers of my post,"Are Real Estate Agent Activities Essential Services?" know, I reached out to our California Association of REALTORS Legal Hotline to speak with an attorney for the answer and interpretation of the law under the state's mandatory "shelter in place" order.
While many of us in real estate equate housing with shelter, it's important to know the California law does not.
"As I interpret it, the order says to 'shelter in place', meaning stay in whatever shelter you are currently in-not seek new housing or a different shelter unless you are homeless or in danger where you are," the CAR attorney said, "If a client tells you it's an emergency and need to you to help them sell or buy a house, you may have some legal standing to engage in real estate activities, but otherwise, the way it's written, I'd say no in person real estate activities."
The attorney confirmed that not in person activities, such as video house tours, regular and FaceTime phone calls, livestreaming events, holding Zoom conferences and webinars, online and telelphone marketing activities, and electronic signings should all continue to be legally acceptable actitivites under the current law.
This was not the answer I, or likely many of you, hoped to hear. However, we need to know and understand the truth so we can best help and advise our real estate customers and clients.
Image of Dr. Li Wenliang, whistleblower of the COVID-19 virus in Wuhan, China, currently in public domain.
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Michelle C. Carr-Crowe and the Get Results Team . Real Estate Agent . Author . Coach . DRE #00901962 . Licensed to Sell since 1985
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www.MichelleJudyCarr.comMichelle C. Carr-Crowe and the Get Results Team (established by the late legendary Silicon Valley super agent Judy Carr) are known as the "Lynbrook and Cupertino Schools Experts." Coaching clients to success is Michelle's passion, making her and her team creative catalysts for positive change in people's lives. She is a Silicon Valley-based multi-million dollar real estate consultant, author, coach and trainer who works by referral only.
Her designations have included: Accredited Buyers Representative (ABR), Accredited Consultant of Real Estate (ACRE), Accredited Luxury Home Specialist (ALHS), Accredited Staging Professional (ASP), Certified Distressed Property Expert (CDPE), Property Marketing Expert (PME), Real Estate CyberSpace Specialist (RECS), and Senior Real Estate Specialist (SRES).
Michelle is an internationally-published freelance writer with over 1,200 traditional articles in print and online, co-author of two books on Silicon Valley-specific real estate as well as over 68,000 blog posts on Blogger, ActiveRain, Examiner, FaceBook, Realtor, Trulia, RealBird and others. She enjoys reading, traveling, animals, nature, family, dancing, staging, consulting, coaching and praying. Check out her blog at www.activerain.com/results or visit her online at www.michellejudycarr.com. For RE$ult$ ... Just Call ... (408) 252-8900.
As readers of my post,"