Clarification with respect to real estate activities during COVID-19

As of 8:00 pm tonight, March 22, an Executive Order (EO) by Governor Andrew Cuomo effectively restricts real estate licensees from working outside of their homes.  Real estate brokerage and many other businesses were not designated as essential by the Governor in the EO.

It has been widely reported that New York State is the most COVID-19 impacted state in the nation.  Your NYSAR Leadership Team thanks you for strictly adhering to the difficult but necessary restrictions to our normal business activities.  We are practicing REALTORS®  just like you and completely understand the impact of this situation.

The EO means that until further notice real estate licensees are precluded from holding open houses, showings and in-person listing presentations for example.  You are not precluded from most work that you can accomplish from your home.

One typical activity for licensees that you cannot do, even from home, is cold calling when a state of emergency is in effect such as it is now.  Specifically, brokerages and their associated licensees are prohibited from making unsolicited telephone calls to consumers during the current State of Emergency until at least September 7, 2020. Any brokerage or licensee making such calls should immediately cease all such activity.

The EO is unclear about activities related to real estate closings scheduled for March 23 and until further notice.  NYSAR is actively working with our industry partners and state officials to get guidance.  NYSAR will send updates as information becomes available.

We believe that if closings are deemed essential and able to proceed, licensees should not attend closings unless their presence is essential to the successful completion of the transaction.  One of the matters for which we are seeking clarification is a licensees ability to participate in a final walk through and any restrictions that might apply if the walk throughs are allowed.

NYSAR is working with your local board to keep them updated and to receive from them information on your local situation.  We have scheduled a weekly conference call for information exchange.

Please rest assured that NYSAR will continue to do everything it can to lessen the impact of the COVID-19 related business interruption.

NYSAR remains open for business although we are working remotely.  Our legal hotline remains fully operational as does our technology helpline.  NYSAR.com will continue to provide timely updates so please visit often.

Regards,

Jennifer Stevenson, 2020 NYSAR President
David Legaz, 2020 NYSAR President-elect
Jennifer Vucetic, 2020 NYSAR Secretary/Treasure
Duncan MacKenzie, RCE, Chief Executive Officer