COVID-19 (Coronavirus) Updates

(revised Sept. 26, 2022) Most mandatory rules have been rescinded, though CDC guidance may suggest certain precautions in specific situations.

It is important to remember that businesses (such as real estate brokerages) can set stricter business rules for things like masks and showing instructions, and that some sellers may wish to set their own requirements as a condition of property access. as well.

If sellers impose additional requirements the listing agent must make that instruction clear in the MLS and in other ways to ensure that everyone is fully aware of the restriction. Agents (and buyers) are still obligated to follow any seller instructions, regardless what may or may not be in governmental guidance.

Agents should be aware that they will likely be responsible for helping enforce those seller instructions – and could have potential liability if they are not enforced. For example, if a buyer agent knows that a seller requires masks to tour a property but allows buyers in without them, that could be the basis of an ethics and/or licensure complaint.

(revised Sept. 26, 2022) No.

As stated in HIPAA, and explained by the U.S. Department of Health & Human Services, HIPAA requirements apply only to certain “covered entities,” which include health care providers, health plans, health care clearinghouses and “business associates” of those entities that are providing services related to those functions. A more specific list of these business types is found on the HHS website. Real estate licensees and parties are not subject to HIPAA rules and regulations.

There is no claim, therefore, that any health-related restrictions or information requests from a broker or client could ever be a HIPAA violation. Of course, any health-related information (such as a COVID screening form or an email cancelling a showing because a client has contracted COVID) should be treated with confidentiality just as a general matter, but Realtors® should already have strong systems in place for collecting and storing other similar items such a financial data or social security numbers.

Refer to the CDC guidance on what to do if you were exposed to COVID-19.

(revised Sept. 26, 2022) No; the various state and federal eviction bans have all expired. But there still may be backlogs of cases involving tenants who were previously covered by those rules, including active applications in the Emergency Rental Assistance Program. Because of the ongoing complexities in this area, landlords and property managers are strongly advised to consult with counsel before moving forward with any evictions at this time.

(revised June 2022) On June 27, House Bill 1849 (Polinchock, R-Bucks) was signed into law by the governor as Act 25 of 2022. This act amends the Real Estate Licensing and Registration Act to permanently allow real estate education courses to be conducted via livestream methods.

Form COVID allows the buyer and seller to pre-agree to a limited extension of transactional deadlines for a COVID-related issue that prevents them from performing. Form COVID-PAN is a notice to buyers and others who may access a property (inspectors, appraisers, etc.) regarding general health and safety precautions, and includes an assumption of risk by those individuals.

Neither form is required by any law or other rule.