The FAQs being provided by NYSAR are based upon what we believe to be true through ongoing communications with various state agencies for prior to and including Phase 1 of “New York Forward.” NYSAR’s role is to provide information in the best interest of all of our members in every part of New York, and where state guidance is unclear we offer the narrowest possible interpretation so as not to expose members to potential liability, as well as preventing the spread of COVID-19.
A broker may always consult their own attorney for an opinion. Regardless of what activity real estate licensees undertake under the current state guidance, in-person contact with any member of the public is prohibited. Any broker claiming that in-person contact is “legally necessary” should only do so under the advice of their attorney.
This FAQ was updated as of 10:00 am on 5/7/2020 and supersedes any prior information provided by NYSAR.
How does the COVID-19 pandemic impact Fair Housing? Can I ask a client/customer/consumer if they have been exposed to COVID-19? (added 5/7/20)
Can I go to a property where nobody is present (meaning if individuals reside there, everyone has left the property) to view it or take photographs for a listing? (updated 5/7/20)
Can a professional photographer and/or videographer take photos or video of a property? (added 4/29/20)
How do I use the NYSAR COVID-19 Disclosure form? (added 4/22/20)
If I use the NYSAR COVID-19 Disclosure form can I perform in-person showings? (added 4/22/20)
What is the seller and/or buyer agreeing to when they sign the NYSAR COVID-19 Disclosure form? (added 4/22/20)
What if the seller and/or buyer refuse to sign the COVID-19 Disclosure form? (added 4/22/20)
Can a licensee travel to a property and unlock the door so a consumer may enter the property for an unaccompanied showing? What if the licensee unlocks the door and waits in the driveway or out in the road until the buyer leaves? (added 4/21/20)
Are we allowed to list properties and post them as “unaccompanied showings only”? (updated 4/20/20)
Does the Governor’s new Executive Order requiring individuals to cover their nose and mouth with a mask permit licensees to have in-person contact if they abide by the requirement of the EO? (added 4/16/20)
Can a licensee perform an in-person open house? (updated 4/13/20)
Can I have in-person contact with a member of the public? (added 4/9/20)
Can licensees still take a listing? (updated 4/9/20)
Can the purchaser be present during the inspection? (updated 4/9/20)
What kind of marketing can I do? (* Updated 4/8/20)
I know that NYSAR has been working to represent us during the entire COVID-19 crisis, but I would like to know more details. (added 4/3/20)
Can I conduct a final walkthrough with the purchaser? (updated 4/3/20)
Can a licensee perform in-person showings? (updated 4/3/20)
Are we allowed to do a virtual showing? (updated 4/1/20)
What is the liability if a licensee violates the Governor’s mandate? (updated 4/1/20)
Are appraisers deemed to be an essential business? (updated 4/1/20)
Are home inspectors deemed to be an essential business? (updated 4/1/20)
Can I open the property for an appraiser? (updated 4/1/20)
Can I open the property for a home inspector? (updated 4/1/20)
Are closings permitted? (updated 4/1/20)
Can I attend a closing? (updated 4/1/20)
How do I file a complaint against a broker or licensee that is violating the Governor’s Executive Order? (* Updated 3/28/20)
What if my business is not essential, but a person must pick up the mail or perform a similar routine function each day?
Are property managers an essential business?