On March 31, 2020, the Department of Public Health in the counties of Santa Clara and San Mateo, and other Bay Area counties extended their "Shelter in Place" orders to May 3 and released updated guidance on essential businesses. Guidance for both counties regarding the business of real estate are similar.
The Silicon Valley Association of Realtors has informed its members to refer specifically to #13, section f, part X in the order of the health office of Santa Clara, which states Essential Businesses are "Service providers that enable residential transactions (including rentals, leases, and home sales), including, but not limited to, real estate agents, escrow agents, notaries, and title companies, provided that appointments and other residential viewings must only occur virtually or, if a virtual viewing is not feasible, by appointment with no more than two visitors at a time residing within the same household or living unit and one individual showing the unit (except that in person visits are not allowed when the occupant is still residing in the residence);"
Also stated in the order is real estate brokers must now provide "Social Distancing Protocols" to all employees and publicly post them in common areas throughout business premises. A sample template that must be used can be found on the county public health website.
The local Realtor association has stressed to its members that the guidance issued by Santa Clara, San Mateo and other Bay Area counties supersede federal and state guidance. In accordance to the latest Shelter in Place directives, the following practices still apply: no open houses, no distribution of flyers (only mail and electronic distribution are allowed), and in-person showings may be conducted if all County rules are followed, with specific reference to the section of the Order. Virtual showings are highly encouraged.
In a letter to members last week, Mary Kay Groth, president of SILVAR, noted, "The intent of this Order is to ensure that the maximum number of people shelter in their places of residence to the maximum extent feasible to slow the spread of COVID-19 and mitigate the impact on delivery of critical healthcare services to those in need."
Groth reminds members "the order isn't just a guideline; it is the law. ... It is our responsibility as Realtors to be an example of following our Code of Ethics Preamble for 'the preservation of a healthful environment.'"
In this time of Shelter in Place the local trade association is encouraging members to take advantage of free courses provided by the National Association of Realtors, the California Association of Realtors and MLSListings Inc., said Groth. "We can adapt to new situations quicker than we may have though - we can spend more time with family, we can appreciate the beauty of where we live, and there are many other things we can add to the list. ... If we keep that in perspective, we can't help but make this crisis and adversity a time to grow."
The Silicon Valley Association of REALTORS® (SILVAR) is a professional trade organization representing over 4,000 REALTORS® and Affiliate members engaged in the real estate business on the Peninsula and in the South Bay. SILVAR promotes the highest ethical standards of real estate practice, serves as an advocate for homeownership and homeowners, and represents the interests of property owners in Silicon Valley.
The term "REALTOR®" is a registered collective membership mark which identifies a real estate professional who is a member of the National Association of REALTORS® and who subscribes to its strict Code of Ethics.
Variations of this article have appeared in local area newspapers.
For further information, please email or call the SILVAR office at (408) 200-0100.