On May 19th, Governor Tom Wolf announced that businesses
and employees in the real estate industry may conduct
limited business-related activities statewide and provided guidance
for this industry to operate in red phase and yellow phase
counties.
Previously, businesses and employees in the real estate industry
were permitted to conduct limited in-person activities in counties
in the yellow phase of the commonwealth's phased reopening
plan.
The real estate guidance https://www.governor.pa.gov/wp-content/uploads/2020/05/20200519-Real-Estate-Guidance.pdf
requires businesses and employees to follow all applicable
provisions of the Guidance for Businesses Permitted to
Operate During the COVID-19 Disaster Emergency to Ensure the Safety
and Health of Employees and the Public, which includes
provisions requiring that every person present at a work site,
business location, or property offered for sale, wear masks/face
coverings, and provisions requiring the establishment of protocols
for execution upon discovery that the business has been exposed to
a person who is a probable or confirmed case of COVID-19.
All in-person activities are supposed to be scheduled and limited
to no more than the real estate professional and 2 people inside a
property at any time, exercising appropriate social
distancing.
When conducting settlements/closings the guidance
suggests utilizing remote notary, powers of attorney or the
exchange of contract documents electronically or by mail wherever
possible. Where it is not possible to conduct settlement/ closing
via remote notary or POA, attendance in-person is required to be
limited to required signatories and their legal counsel or real
estate professional only, and steps to preserve social distancing
must be followed to the maximum extent possible.
Businesses and employees are also encouraged to provide sellers
with relevant safety information and protocols for cleaning and
sanitizing properties; utilize electronic marketing as much as
possible; provide all individuals at an in-person activity with a
verbal health screening; stagger scheduling of property showings;
avoid physical contact with the property by staging in advance to
prevent the need for interaction with items like lights, interior
doors, drapes and blinds; and minimize time spent in the property
by having discussions away from the property via remote
means.
The Governor also vetoed House Bill 2412, stating
that the Bill did not provide enough safety protocols for the
COVID-19 public health crisis. Further, the legislation would have
placed restrictions on municipalities related to property
transfers; specifically, it would have eliminated a
municipality's ability to issue use and occupancy permits and
conduct safety inspections, which are conditions of a property
transfer.
To read the Governor's Order – https://www.governor.pa.gov/wp-content/uploads/2020/05/20200519-TWW-Business-Closure-Amendment.pdf
Duane Morris has created a COVID-19 Strategy Team to help organizations plan, respond to and address this fast-moving situation. Contact your Duane Morris attorney for more information. Prior Alerts on the topic are available on the team's webpage.
For Further Information:
If you have any questions about this post, please contact Brad A. Molotsky, David Augustin, and Elizabeth Mincer or the attorney in the firm with whom you are regularly in contact.
Be well and stay safe!
Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.