Update on New Laws Related to Listing and Buying Homes in the Bay Area During Shelter in Place

Posted on by Robin Watson-Bird

Hi everyone!

I hope everyone is sheltering in place as much as possible and be careful when they need to leave home.I just wanted to share with everyone the latest update I just received from BayEast, our local real estate Board. Long story short, Real Estate Photographers have now been classified as essential workers so they can now take pictures and create virtual tours of homes for sale.

Another BIG piece of information is that Agents MAY NOT SHOW OCCUPIED PROPERTIES and prospective Home Buyers can ONLY view Vacant Properties in person. In Person Open Houses are still a “No No.”

If someone is still living in a property and they have left for a showing, are gone for a period of time like a weekend, are on vacation, etc. and plan to return to the property prior to the close of escrow, the property is NOT considered Vacant and an agent is not allowed to show it, so a buyer cannot see it in person until it is vacant. Many agents out there have been opening properties for buyers to enter while they wait in their car or outside. That is not allowed for occupied homes. Agents should not even be visiting occupied homes…not even to take a video of the property for their client if one is not available. Germs are germs. Germs from anyone who does not live in a home may not enter an occupied property for sale. It is the same as Shelter in Place. People who do not live in your home should not be entering your home.

Violation of the Shelter in Place Orders can result in fines or imprisonment. All persons gaining access to residential property must comply with Appendix A to the Order.
The link to Appendix A is near the end of this post with specific details that were shared by Bay East.

One thing that may happen in this unique market is that a buyer may end up paying for a virtual tour to be created by a professional as part of their inspections of an occupied property since they cannot see it in person. It will be interesting to see if the same laws that apply to inspections would apply to virtual tours paid for by buyers should the buyer decide not to move forward with an escrow. Normally, sellers are legally entitled to copies of any inspections a buyer has on a property. I suppose a buyer could write in the contract that the seller could have it only if they chose to reimburse them for it. We will have to wait to see how that plays out.

There are many reasons people still need to buy and sell homes during the Shelter in Place and as a Realtor, it is our job to make sure that we not only represent our client, but now we have to make sure that everyone, including ourselves, is protected from the nasty germs out there!

So, if you are thinking of listing your home for sale while the Shelter in Place is happening, it is essential that you hire an ethical agent who will keep your health in mind while at the same time markets your property as effectively as possible given the current situation. An essential part of that will be making sure your house has a professional 3D walk-through or video virtual tour in addition to great high quality professional photos. This is of utmost importance if you are still living in your home because a buyer will not be allowed to see your house in person before you move out! My team always offers 3D Walk-Through or other Virtual Tours of our listings as part of our listing service at no additional cost to our sellers.

If you or someone you know needs or wants to buy or sell a home, I would be happy to help. Just reach out via the contact page or give me, Robin Watson-Bird, a call.

 

 

The message below was written for and to agents, but the information is good for home buyers and sellers to be very familiar with. These are the details of the information I summarizes above.

 

BEGIN COPIED MESSAGE FROM BAY EAST on 4/9/2020

The Shelter in Place Orders that apply to your real estate business are changing.  On Thursday morning (April 9), we received confirmation that real estate photographers are now considered by Alameda County, Contra Costa County and the City of Berkeley as “essential services” and may enter properties as long as they follow the rules in Appendix A of the Shelter in Place Order.  (Please note not all Public Health Agencies have updated their FAQ pages to reflect this change yet).

 

To help you comply with the Shelter in Place Orders, we are providing the following information:
    1. Can I hold an Open House?
      You are prohibited from holding an Open House or holding a Broker Tour for the duration of the Shelter in Place Order.
    2. Can I show properties to my clients?
      If, and only if, the property is vacant, as long as it is shown by the agent and no more than two people from the same household are allowed in the property during the showing. Agents may not show occupied properties.
    3. What does ‘vacant’ property mean?
      According to Alameda and Contra Costa Counties and the City of Berkeley, vacant means that no one is using the property as a residence or place of abode. A property is not vacant if the occupant is gone on a trip and intends to return. It is not vacant just because the occupant leaves the property during the viewing allowed by the Orders. The intent is the property is not occupied or used as a place to live and there is no intent to use it prior to the close of the transaction.
    4. What other real estate professional can enter a property under contract?
      Home inspectors (which includes termite inspectors, sewer inspectors), appraisers and photographers may access a vacant or an occupied property provided they comply with Appendix A to the Shelter in Place Order issued by the County. They must be escorted into the home by the agent and the buyers are not allowed to be present.
      The Order is intended only to allow “essential service providers” access to the home. The Counties and City have also determined that essential services involve issues of sanitation or safety but do not include any “cosmetic” services. Examples of cosmetic services are staging, landscape services used to beautify and not maintain, painters not engaged in a structural repair or similar services. The Order does allow electricians, plumbers and other service providers performing necessary repairs.
    5. All persons gaining access to residential property must comply with Appendix A to the Order.
      You can find the Orders and Appendix A here. If you are doing business outside of the East Bay, you can find a comprehensive list of County Orders for the rest of California here. This information changes frequently, so please check first with the County’s Public Health Agency AND with your broker. Violation of the Shelter in Place Orders can result in fines or imprisonment.