On April 9, 2020, Empire State Development (ESD) determined that, “real estate services shall be conducted remotely for all transactions, including but not limited to title searches, appraisals, permitting, inspections, and the recordation, legal, financial and other services necessary to complete a transfer of real property; provided, however, that any services and parts therein may be conducted in-person only to the extent legally necessary and in accordance with appropriate social distancing and cleaning/disinfecting protocols; and nothing within this provision should be construed to allow brokerage and branch offices to remain open to the general public (i.e. not clients).”* THIS IS STILL IN EFFECT UNTIL PHASE 2.
Because it may become necessary in limited circumstances for a real estate licensee, inspector, appraiser or other third party to access the Property, such access raises the possibility of potential liability resulting from exposure to COVID-19. The New York State Association of REALTORS has mandated that sellers, buyers, inspectors, appraisers or other third parties sign a disclosure that states the following: “by agreeing to permit such parties to enter the Property or by agreeing to enter the property, all parties acknowledge there is an assumption of exposure to COVID-19 and any and all consequences and/or injury which may result from such exposure, including but not limited to, physical and/or psychological injury, pain, suffering, illness, temporary or permanent disability, death or economic loss.”
Thankfully, the coronavirus has been subsiding, since the March 7th state disaster emergency, and the Governor has announced gradual loosing of restrictions in Phases. Phase 1 is underway for Construction, Agriculture, Forestry, Fishing and Hunting, Retail - (limited to curbside or in-store pickup or drop off), Manufacturing and Wholesale Trade. Real Estate is part of Phase 2.
So, until we reach Phase 2, we must continue to conduct business as follows:
1. Realtors can continue to list properties remotely and work with buyers remotely.
2. No open houses.
3. Realtors can take photographs, videos of properties for clients. Seller should leave the property to avoid person-to-person contact.
4. Appraisals and home inspections are allowed but with minimal person-to-person contact – purchaser cannot be present.
5. No in-person final walkthrough. Realtor can video for buyer or buyer can do final walkthrough without the Realtor.
6. No unsolicited telemarketing for listings/sales to the public.
7. Sellers and buyers can agree to showings after signing the COVID-19 DISCLOSURE noted above, acknowledging assumption of risk to exposure of COVID-19 and the consequences from such exposure.
Bottom line, we are doing business but with limitations and in a different way. We wish to thank our clients- sellers and buyers and prospective buyers for their cooperation and understanding. It’s only by working together with patience and respect for the health guidelines, that we will stem the tide of this virus so we can move forward to our “new normal”.
We have several wonderful properties listed. We’d love to chat with you about selling or buying here on the North Fork. The demand is high, don’t lose out! Please give us a call at 631 765 5333 or email me - email@example.com
A million thanks to our heroic Healthcare, Emergency Care, Fire Department, Police, Food & Beverage Services, Post Office and Town personnel who are on the front lines…God Bless you all!
* ESD Guidance on Executive Order 2026, Section 14, as Amended April 9, 2020