Frequently Asked Questions
The information contained herein does not constitute legal advice. Please check the County/City Orders and consult with your broker regarding your listings.
What are the current requirements for showing property?
June 18, 2021
New Mask Guidance
- Masks are no longer required for FULLY vaccinated (2 weeks after second COVID-19 shot) agents and members of the public
- Those not fully vaccinated are still required to wear a mask on the property
- Agents are not required to ascertain vaccination status proof
IMPORTANT: Sellers are still allowed to impose their own stricter regulations if they so desire, such as:
- require all visitors to wear a mask
- require all visitors to be vaccinated or show a negative COVID test
- implement a vaccine verification to determine whether individuals are required to wear a mask.
- provide information to all visitors regarding vaccination requirements and allow vaccinated individuals to self-attest that they are in compliance prior to entry.
June 14, 2021
Guidelines and Restrictions for Open Houses and Showings
- No physical distancing for attendees, guests, and customers
- No capacity limits (for gatherings under 5,000 attendees)
- No cleaning requirements (However, CalOSHA recommends cleaning high-touch surfaces such as doorknobs, handrails, faucets, countertops, etc…)
- No PEADs or any type of sign-in required
- No posted rules of entry or signage needed for listed properties
- No one will have to attest to their current health status
- No one will have to agree to an office prevention plan
- No restrictions on door-knocking and distribution of promotional materials, including flyers and business cards
May 14, 2021
C.A.R. has updated its guidance on open house protocols to help members comply with the new guidance released by the California Dept. of Public Health earlier this week. Please take special note of the new Quick Guide that provides additional details.
The following are some highlights from the Quick Guide regarding real estate transactions
- Open Houses: Advertising open houses, without qualifiers, is allowed and appointments for open houses are no longer required.
- Social Distancing: Showings, including open houses, are somewhat relaxed under the new social gatherings guidelines but still include social distancing between members of different households while attending an open house, and are subject to capacity issues depending on the tier of the county where the house is located. Please refer to local guidelines for this information.
- Signing In: There will still be a sign-in requirement on site. The new Property Sign-In (PSI) form can be used for this purpose. However, you can still use a PEAD instead of the on-site sign-in if you prefer. See the new Quick Guide for more details.
- Forms: C.A.R. has simplified and shortened the Rules of Entry (PRE), Prevention Plan (BPPP), and the Property Sign-in (PSI) form as an alternative to PEADS. There also is an addendum to the listing agreement LOHA reflecting the changed protocols. This form is necessary if the parties had previously signed the RLA-CAA, which did not allow for open houses. New listings should also include this addendum if the listing broker wants to hold open houses. These forms will be available on zipForm as soon as possible. In the interim, a PDF of each of these is available HERE. Members may still use the current forms that are on zipForm if they choose until the new ones are released.
- PEADS: They have been combined and simplified into one shorter PEAD-ALL form that is available if members prefer to use it instead of on-site sign-in protocols.
- Capacity: Under current Santa Clara County Yellow Tier Restrictions, capacity is limited to 50 people or maximum capacity to safely socially distance, whichever is fewer.
When does the current "Shelter-in-Place" Order end?
June 15, 2021
The Blueprint for a Safer Economy and the Stay-at-Home Order has been rescinded and California is now entering the “Beyond the Blueprint” phase, fully reopening the economy. Effective June 15, 2021, restrictions such as physical distancing, capacity limits, and the county tier system have ended.
Along with this change, Santa Clara County has implemented a new limited Local Health Order that removes most previous restrictions at the County level.
May 19, 2021 — Santa Clara County has officially entered the lease restrictive yellow tier under the CA Blueprint for a Safer Economy. Along with this change, Santa Clara County has implemented a new limited Local Health Order that removes most previous restrictions at the County level.
- Maximizing telework is no longer required
- Santa Clara County Social Distancing Protocols are no longer required
- The local Mandatory Directive on Capacity Limitations has been eliminated
- State mask mandates, capacity limitations, and all industry guidelines remain in effect
- All businesses are required to determine the vaccination status of their employees, independent contractors, and volunteers (including all REALTORS)
- All businesses are required to comply with the County Health Officer’s Mandatory Directive for Unvaccinated Personnel
With this new transition to the Yellow Tier capacity limitations for property showings have increased to a maximum of 50% capacity where capacity limits exist or 50 people, whichever is fewer. There are no other changes to the real estate industry as a result of the new local order at this time. Continue to follow SCCAOR updates as we get further clarification from the state.
New Santa Clara County Limited Public Health Order
Updated 5/14/21:
While Santa Clara County is still under the October 2020 Risk Reduction Order and the Orange Tier of the CA Blueprint for a Safer Economy, changes have been made to showing property restrictions.
Please take special note of the new Quick Guide that provides additional details.
At this time, we have confirmed with the Santa Clara County Public Health Department that they are following the state industry guidance for real estate transactions. In addition to this, the Santa Clara County Social Distancing Protocol is still required and County Capacity Limitations (Current restrictions under the Orange Tier) must be followed when showing properties.
C.A.R. has simplified and shortened the Rules of Entry (PRE), Prevention Plan (BPPP), and the Property Sign-in (PSI) form as an alternative to PEADS. There also is an addendum to the listing agreement LOHA reflecting the changed protocols. This form is necessary if the parties had previously signed the RLA-CAA, which did not allow for open houses. New listings should also include this addendum if the listing broker wants to hold open houses. These forms will be available on zipForm as soon as possible. In the interim, a PDF of each of these is available HERE. Members may still use the current forms that are on zipForm if they choose until the new ones are released.
Updated 3/24/21:
Santa Clara County has officially entered the Orange Tier under the state’s Blueprint for a Safer Economy four colored system. Learn More About Restrictions Under the Orange Tier.
There are still NO changes to real estate transactions. The CA Industry Guidelines for Real Estate Transactions are still the guiding requirements for real estate transactions in Santa Clara County. Transactions and showings should still be done VIRTUALLY IF AT ALL POSSIBLE.
Brokerage offices can remain open to the public as an “essential service” but must follow the health and safety protocols listed in the CA Industry Guidelines for Real Estate Transactions. It is encouraged that all work and activities be completed remotely whenever feasible.
C.A.R. Directive to Follow State Requirements for Showing Property.
Updated 1/26/21:
CA lifts Regional Stay-at-Home-Order and Santa Clara County returns to purple tier under the state’s Blueprint for a Safer Economy four colored system. Learn More About Restrictions Under the Purple Tier.
There are still NO changes to real estate transactions. The CA Industry Guidelines for Real Estate Transactions are still the guiding requirements for real estate transactions in Santa Clara County. Transactions and showings should still be done VIRTUALLY IF AT ALL POSSIBLE.
The DRE will reopen four of the exam centers (Sacramento, Fresno, La Palma, and San Diego) on Wednesday, January 27, 2021. The Oakland exam center will reopen shortly thereafter. Learn More Here.
Updated 1/4/21:
The CA mandated Regional COVID-19 Shelter in Place Order will now be perpetually extended until the Bay Area’s ICU capacity rises above 15%, which initially triggered the Regional Shelter in Place. The region’s ICU capacity currently sits at 8.7%.
Updated 12/4:
Santa Clara County has proactively implemented the new COVID-19 Shelter in Place Order to comply with the new state regional Shelter in Place Order before being required to comply. There are still NO changes to real estate transactions. The CA Industry Guidelines for Real Estate Transactions are still the guiding requirements for real estate transactions in Santa Clara County. Transactions and showings should still be done VIRTUALLY IF AT ALL POSSIBLE. This is due to the fact that the real estate industry is deemed as a critical infrastructure industry by the CDC. Real estate transactions are an essential activity to the essential real estate industry. Read More in this News Article. This new Shelter in Place Order will go into effect Sunday, December 6, 2020, at 10:00 PM and remain in place until at least January 4, 2021.
Updated 11/30:
Santa Clara County has implemented a new COVID-19 Public Health Mandatory Directive. While this will have an impact on several businesses and your personal lives, there are still NO changes to real estate transactions. The CA Industry Guidelines for Real Estate Transactions are still the guiding requirements for real estate transactions in Santa Clara County.
Updated 10/15:
The State has moved away from a Shelter in Place Ordinance and into a colored tier system that places each County into a tier allowing them to open certain aspects of businesses. The tiers move from most restrictive to least restrictive in the following order: purple, red, orange, and yellow.
Learn more about the tier system and what each color means by Clicking Here.
Santa Clara County currently resides in the Orange Tier and has implemented this new County Risk Reduction Order clarifying what businesses can open at what capacity.
Can I still hold an open house?
June 18, 2021
New Mask Guidance
- Masks are no longer required for FULLY vaccinated (2 weeks after second COVID-19 shot) agents and members of the public
- Those not fully vaccinated are still required to wear a mask on the property
- Agents are not required to ascertain vaccination status proof
IMPORTANT: Sellers are still allowed to impose their own stricter regulations if they so desire, such as:
- require all visitors to wear a mask
- require all visitors to be vaccinated or show a negative COVID test
- implement a vaccine verification to determine whether individuals are required to wear a mask.
- provide information to all visitors regarding vaccination requirements and allow vaccinated individuals to self-attest that they are in compliance prior to entry.
June 14, 2021
Guidelines and Restrictions for Open Houses and Showings
- No physical distancing for attendees, guests, and customers
- No capacity limits (for gatherings under 5,000 attendees)
- No cleaning requirements (However, CalOSHA recommends cleaning high-touch surfaces such as doorknobs, handrails, faucets, countertops, etc…)
- No PEADs or any type of sign-in required
- No posted rules of entry or signage needed for listed properties
- No one will have to attest to their current health status
- No one will have to agree to an office prevention plan
- No restrictions on door-knocking and distribution of promotional materials, including flyers and business cards
May 14, 2021
C.A.R. has updated its guidance on open house protocols to help members comply with the new guidance released by the California Dept. of Public Health earlier this week. Please take special note of the new Quick Guide that provides additional details.
At this time, we have confirmed with the Santa Clara County Public Health Department that they are following the state industry guidance for real estate transactions. In addition to this, the Santa Clara County Social Distancing Protocol is still required and County Capacity Limitations (Current restrictions under the Orange Tier) must be followed when showing properties.
If any additional local guidelines are announced or implemented, SCCAOR will notify you immediately.
The following are some highlights from the Quick Guide regarding real estate transactions
- Open Houses: Advertising open houses, without qualifiers, is allowed and appointments for open houses are no longer required.
- Social Distancing: Showings, including open houses, are somewhat relaxed under the new social gatherings guidelines but still include social distancing between members of different households while attending an open house, and are subject to capacity issues depending on the tier of the county where the house is located. Please refer to local guidelines for this information.
- Signing In: There will still be a sign-in requirement on site. The new Property Sign-In (PSI) form can be used for this purpose. However, you can still use a PEAD instead of the on-site sign-in if you prefer. See the new Quick Guide for more details.
- Forms: C.A.R. has simplified and shortened the Rules of Entry (PRE), Prevention Plan (BPPP), and the Property Sign-in (PSI) form as an alternative to PEADS. There also is an addendum to the listing agreement LOHA reflecting the changed protocols. This form is necessary if the parties had previously signed the RLA-CAA, which did not allow for open houses. New listings should also include this addendum if the listing broker wants to hold open houses. These forms will be available on zipForm as soon as possible. In the interim, a PDF of each of these is available HERE. Members may still use the current forms that are on zipForm if they choose until the new ones are released.
- PEADS: They have been combined and simplified into one shorter PEAD-ALL form that is available if members prefer to use it instead of on-site sign-in protocols.
- Capacity: Under current Santa Clara County Yellow Tier Restrictions, capacity is limited to 50 people or the maximum people able to socially distance, whichever is fewer
IMPORTANT: We anticipate further announcements impacting the real estate industry and will communicate any relevant changes as quickly as possible.
We understand you may still have questions about other real estate guidelines such as tours and door-knocking; similar to the constant changes at the start of the COVID-19 Pandemic, this is a dynamic situation. Continue to follow SCCAOR updates as we get further clarification from the state.
What are the CA Industry Requirements for Showing Property?
June 18, 2021
New Mask Guidance
- Masks are no longer required for FULLY vaccinated (2 weeks after second COVID-19 shot) agents and members of the public
- Those not fully vaccinated are still required to wear a mask on the property
- Agents are not required to ascertain vaccination status proof
IMPORTANT: Sellers are still allowed to impose their own stricter regulations if they so desire, such as:
- require all visitors to wear a mask
- require all visitors to be vaccinated or show a negative COVID test
- implement a vaccine verification to determine whether individuals are required to wear a mask.
- provide information to all visitors regarding vaccination requirements and allow vaccinated individuals to self-attest that they are in compliance prior to entry.
June 14, 2021
Guidelines and Restrictions for Open Houses and Showings
- No physical distancing for attendees, guests, and customers
- No capacity limits (for gatherings under 5,000 attendees)
- No cleaning requirements (However, CalOSHA recommends cleaning high-touch surfaces such as doorknobs, handrails, faucets, countertops, etc…)
- No PEADs or any type of sign-in required
- No posted rules of entry or signage needed for listed properties
- No one will have to attest to their current health status
- No one will have to agree to an office prevention plan
- No restrictions on door-knocking and distribution of promotional materials, including flyers and business cards
May 14, 2021
C.A.R. has updated its guidance on open house protocols to help members comply with the new guidance released by the California Dept. of Public Health earlier this week. Please take special note of the new Quick Guide that provides additional details.
At this time, we have confirmed with the Santa Clara County Public Health Department that they are following the state industry guidance for real estate transactions. In addition to this, the Santa Clara County Social Distancing Protocol is still required and County Capacity Limitations (Current restrictions under the Orange Tier) must be followed when showing properties.
If any additional local guidelines are announced or implemented, SCCAOR will notify you immediately.
The following are some highlights from the Quick Guide regarding real estate transactions
- Open Houses: Advertising open houses, without qualifiers, is allowed and appointments for open houses are no longer required.
- Social Distancing: Showings, including open houses, are somewhat relaxed under the new social gatherings guidelines but still include social distancing between members of different households while attending an open house, and are subject to capacity issues depending on the tier of the county where the house is located. Please refer to local guidelines for this information.
- Signing In: There will still be a sign-in requirement on site. The new Property Sign-In (PSI) form can be used for this purpose. However, you can still use a PEAD instead of the on-site sign-in if you prefer. See the new Quick Guide for more details.
- Forms: C.A.R. has simplified and shortened the Rules of Entry (PRE), Prevention Plan (BPPP), and the Property Sign-in (PSI) form as an alternative to PEADS. There also is an addendum to the listing agreement LOHA reflecting the changed protocols. This form is necessary if the parties had previously signed the RLA-CAA, which did not allow for open houses. New listings should also include this addendum if the listing broker wants to hold open houses. These forms will be available on zipForm as soon as possible. In the interim, a PDF of each of these is available HERE. Members may still use the current forms that are on zipForm if they choose until the new ones are released.
- PEADS: They have been combined and simplified into one shorter PEAD-ALL form that is available if members prefer to use it instead of on-site sign-in protocols.
- Capacity: Under current Santa Clara County Orange Tier Restrictions, capacity is limited to 25 people or 1 person per 75 square feet, whichever is fewer
IMPORTANT: We anticipate further announcements impacting the real estate industry and will communicate any relevant changes as quickly as possible.
We understand you may still have questions about other real estate guidelines such as tours and door-knocking; similar to the constant changes at the start of the COVID-19 Pandemic, this is a dynamic situation. Continue to follow SCCAOR updates as we get further clarification from the state.
Can I place flyers at a listed property?
June 14, 2021
Guidelines and Restrictions for Open Houses and Showings
- No physical distancing for attendees, guests, and customers
- No capacity limits (for gatherings under 5,000 attendees)
- No cleaning requirements (However, CalOSHA recommends cleaning high-touch surfaces such as doorknobs, handrails, faucets, countertops, etc…)
- No PEADs or any type of sign-in required
- No posted rules of entry or signage needed for listed properties
- No one will have to attest to their current health status
- No one will have to agree to an office prevention plan
- No restrictions on door-knocking and distribution of promotional materials, including flyers and business cards
IMPORTANT: Sellers are still allowed to impose their own stricter regulations if they so desire, including physical promotional materials.
May 14, 2021 — While new guidance has been released on “open houses” and showing property protocols SCCAOR staff and the C.A.R. Legal Team are still working on clarifications from the CA Public Health Department on other aspects of the real estate industry such as door-knocking and using flyers. Until further information is provided by the state, SCCAOR recommends continuing to follow the previous mandate below.
At this time all promotional material including flyers MUST be delivered electronically until otherwise clarified by CalOSHA.
November 3, 2020 — New restrictions and clarification from the CA Industry Guidelines for Real Estate Transactions mandate that flyers are NOT to be placed in signposts, available at listings, or dropped off on doorsteps.
While Santa Clara County has not mandated this change, the stricter of the two Orders must be followed at all times. This clarification has been confirmed by Gov Hutchinson, Assistant General Counsel for C.A.R, and is effective immediately.
The CA Industry Guidelines also state the following. “All information must be delivered electronically. Discontinue providing handouts or other types of promotional or informational materials.”
There are no other changes to real estate transactions or showing property requirements at this time.
For further clarification on flyers and the CA Industry Guidelines for Real Estate Transactions please consult C.A.R. Legal at 213-739-8282.
Are Real Estate Brokerage Offices Allowed to Re-Open?
June 18, 2021
Brokerage Office Guidelines
- Social Distancing and maximizing telework is no longer required in places of business
- Employees, personnel, and anyone entering a real estate office are no longer required to wear a mask if they are FULLY vaccinated (2 weeks after receiving COVID-19 shot)
- Those not fully vaccinated are still required to wear a mask at all times inside an office
- Businesses do not need to receive proof of vaccination status from members of the public
- Brokerage offices are still required to maintain a written COVID-19 Prevention Plan to identify areas and activities that could expose workers to COVID, have a process to screen workers, and train workers about COVID prevention and safety
- Santa Clara County remains under the May 18th Local Health Order that requires businesses to ascertain the vaccination status of all “personnel” but will otherwise adhere to the state’s reopening guidelines
May 19, 2021 — Santa Clara County has officially entered the lease restrictive yellow tier under the CA Blueprint for a Safer Economy. Along with this change, Santa Clara County has implemented a new limited Local Health Order that removes most previous restrictions at the County level.
- Maximizing telework is no longer required
- Santa Clara County Social Distancing Protocols are no longer required
- The local Mandatory Directive on Capacity Limitations has been eliminated
- State mask mandates, capacity limitations, and all industry guidelines remain in effect
- All businesses (including Brokerage offices) are required to determine the vaccination status of their employees, contractors, and volunteers (including all REALTORS of an office)
- All businesses are required to comply with the County Health Officer’s Mandatory Directive for Unvaccinated Personnel
Updated November 30th:
Brokerage offices are allowed to stay open but must comply with the new Mandatory Directive on Capacity Limitations.
Under the Revised Risk Reduction Order, ALL businesses must complete a NEW Social Distancing Protocol using the revised web form that can be found at the link below.
- Large brokerages with a physical office need to complete a Social Distancing Protocol for all physical offices, post it at the entrance and distribute it to all staff including agents
- Small brokerages and independent agents with no physical office need to complete a Social Distancing Protocol by checking the box for “No Business Facility” and including the mailing address at which they receive all work documents
Updated July 15th:
Monday, July 13th the new Santa Clara County Risk Reduction Order went into effect. Although Santa Clara County remains on the state “COVID-19 Watch List, brokerage offices are still allowed to re-open to the public. The California and County Health Offices have confirmed that due to real estate being an essential sector, brokerage offices are still allowed to re-open.
Both CA and County safety guidelines for re-opening must be followed and implemented before opening to the public.
- C.A.R. FAQ and Instructions for Reopening Brokerage Offices in Compliance with State Requirements
- Santa Clara County requires all essential businesses to fill out and submit and distribute to all staff a new Social Distancing Protocol
- The Social Distancing Protocol does not need to be filled out for any listed property (state forms such as PEAD still need to be completed)
- Large brokerages with a physical office need to complete a Social Distancing Protocol for all offices and distribute to all staff including agents
- Small brokerages and independent agents with no physical office need to complete a Social Distancing Protocol by checking the box for “No Business Facility” and including the mailing address at which they receive all work documents
- See the tutorial below on how to complete the new County Social Distancing Protocol form
What Should I Do if I Notice a REALTOR® Violating the COVID Guidelines?
Will I still be able to close my transaction?
Updated on 3/20: The Santa Clara County Recorder’s office has issued the following statement:
“There will be no real estate recording accepted for walk-in customers. We encourage customers to submit documents through title companies who can submit them electronically. We will also process documents sent through the mail.”
You can find the latest updates on the Santa Clara County Recorder’s website.
This guide contains information about recording services available in all Bay Area Counties. It will be updated regularly (last updated 3/20)
Other counties outside of Santa Clara County may have a different policy in place and we recommend that you contact the local County Recorder’s Office or your local Title Representative for an update on the current status of the County Recorder’s Office outside of Santa Clara County.
What is the Status of the Residential Eviction Moratorium and Rental Assistance Program?
June 28, 2021
Governor Newsom has signed Assembly Bill 832 (AB 832) into law, extending eviction protections through September 30, 2021, for tenants who have been unable to pay rent due to the COVID-19 pandemic. The new law further funds rental assistance programs as well, ensuring housing providers will receive 100% of all unpaid rent. To learn about the new legislation, requirements, and how to apply for rental assistance click the link to the dedicated SCCAOR webpage below.
SCCAOR Update on Statewide Eviction Moratorium and Rental Assistance
What new forms are available to assist me during this crisis?
June 14, 2021:
C.A.R. COVID-19 Legal Documents and Resources
May 20, 2021 — C.A.R. has made all new forms necessary to follow the new guidelines for showing property available in zipForm.
Updated on 5/14/21:
C.A.R. has released the new Quick Guide that provides clarity on the new CA Dept of Public Health guidelines for showing property.
C.A.R. has simplified and shortened the Rules of Entry (PRE), Prevention Plan (BPPP), and the Property Sign-in (PSI) form as an alternative to PEADS. There also is an addendum to the listing agreement LOHA reflecting the changed protocols. This form is necessary if the parties had previously signed the RLA-CAA, which did not allow for open houses. New listings should also include this addendum if the listing broker wants to hold open houses. These forms will be available on zipForm as soon as possible. In the interim, a PDF of each of these is available HERE. Members may still use the current forms that are on zipForm if they choose until the new ones are released.
Updated on 7/14:
C.A.R. FAQs on Industry Guidance for Real Estate Transactions
C.A.R. FAQs on Reopening Real Estate Brokerage Offices
Detailed Instructions on Completing the Unemployment Assistance Application
Updated on 5/28:
C.A.R.’s updated best practices guidelines are available here and will be available in zipForm® soon. We urge you to read these guidelines carefully and to implement them at all times when showing properties. Always defer to the rules governing your local area, as cities and counties may have more stringent restrictions on real estate activity.
To further clarify California’s Industry Guidance document, we also have released two new FAQs — one on showing properties, and the other on reopening offices — as well as a legal Quick Guide on Complying with Industry Guidance Showing Rules. We have also released a “Posted Rules for Entry” (C.A.R. Document PRE) you can use to comply with the guidance that all agents must post rules, complete with pictograms, outside a property that all viewing the property must agree to before entering. These resources will provide you with a blueprint for efficiently incorporating the Industry Guidance into your real estate practice.
Keep an eye out for the following forms and resources in zipForm®:
- Coronavirus Property Entry Advisory and Declaration – Visitor
- Coronavirus Property Entry Advisory and Declaration – Seller
- Coronavirus Lease/Rental Property Entry Advisory and Declaration
- Listing Agreement Coronavirus Addendum or Amendment
- Posted Rules for Entry
- Best Practices Guidelines for Real Estate During COVID-19
Please continue to check the C.A.R. coronavirus microsite regularly for the latest information on how best to navigate practicing real estate during these challenging times.
Updated on 4/2:
You can visit the C.A.R. Website to view all the other forms, legal documents and other useful materials that have been recently created. This includes a Listing Agreement Coronavirus Addendum or Amendment (RLA-CAA) for sellers and listing agents to sign, and the other is a Property Viewing Advisory and Declaration (PEAD) that is to be given to and signed by the seller, buyer, agents and anyone else who will be entering a property.
We recommend all existing transactions have a COVID-19 Addendum in place to handle any delays that are out of the control of the parties to the contract. C.A.R. has recently released a new form called the Coronavirus Addendum/Amendment (Form CVA). It is available in zipForm® now, and you can download it by clicking the button below. The form provides that when circumstances related to the coronavirus are affecting the closing date, the Buyer and Seller agree to extend escrow for a default of 30 days. There is also an optional clause where the buyer and seller can mutually agree to cancel the Agreement and an additional optional clause where the buyer or seller can cancel even after removing the loan contingency if the inability to fund is caused by Covid-19 related loss of income. This form can be used either as an amendment to a contract that is already in place or as an addendum to a contract that has not yet been formed.
Please note that SCCAOR does not provide legal advice and is not giving any legal recommendations.
How are Days on Market (DOM) affected by this situation?
From MLSListings:
- All Active listings will stop accruing DOM effective March 17, 2020.
-
Any DOM accrued prior to March 17, 2020 will remain with the property. For example,
- A property listed on 3/1/20 would show 16 DOM and will not increment until the SIP order is lifted. If the order is lifted on 4/7/20, then on 4/8/20 it will show 17 DOM.
- A property listed on or after 3/17/20 will show 0 DOM. If the order is lifted on 4/7/20, then on 4/8/20 it will show 1 DOM.
- If a listing is Cancelled, it will show only DOM accrued through 3/17/20.
- All Withdrawn listings (which do not accrue DOM) after 3/1/2020 will be marked as New in Matrix only, when returned to Active.
My Buyer wants to cancel over concerns of the economy, what should I tell them?
Updated on 3/17: We are all concerned about the current state of the economy with the current restrictions in effect, however, we know that everyone is experiencing it together. We would like to ask all Buyers and Sellers to please be patient and see the process through before reacting to fear and uncertainty. We believe that everything will be back up and running in a few weeks time.
Can I Stage My Listing?
Updated May 7, 2020— Home Stagers are now allowed to operate in Santa Clara County. Click here to learn more.
Updated 4/14: Yes. Virtual Staging is okay as long as the structure and items fixed to the structure (e.g. flooring, ceiling fans, outlets, switches, etc.) are not virtually changed.
SCCAOR and SILVAR have asked for clarification with regard to allowable photography services under the “Shelter in Place” order, and just received the following feedback from Santa Clara County Counsel:
“If a virtual viewing is not possible, then a single photographer or videographer is permitted to visit the property once to take photographs and/or video. This should be done at a time when the occupant is not present in the residence.”
This language is expected to be clarified and soon added to the County FAQs on essential services, specifically referencing what in-home activity is allowed under essential real estate services, with the understanding that social distancing measures and protocols should be followed, i.e., wearing of masks, gloves, maintaining a 6-foot distance from each other, etc.
What if you can’t make full months rent due to the "Shelter in Place" Order?
Updated 3/15/21:
The state has begun to accept applications to distribute the first $2.6 billion of direct rental assistance. This was allocated to California from the December 2020 federal stimulus package. Tenants and housing providers will be eligible for up to a year of unpaid back rent (April 2020 through March 2021) and allow up to three months of future rent payments (April 2021 through June 2021), depending on the availability of funds. Both tenants and housing providers are eligible to apply if certain criteria are met. Check out our recent blog post to learn more.
Updated 2/1/21:
The Department of Real Estate (DRE) has released a Tenant/Landlord/Homeowner Resource Webpage to help understand and receive the assistance available for each housing group.
CA Residential Eviction Protections Extended Until June 30, 2021, with SB91 Legislation
Direct Rental Assistance Expected to be Available Early March!!!
Eviction Protections: Under the bills, the statewide eviction moratorium would be extended to June 30, 2021. The protections are not automatic, however. To be protected, tenants must do two things:
- Pay 25% of their rent from September 2020 to June 2021 by no later than June 30, 2021, AND
- Sign and return a declaration of COVID-19 financial impact within 15 days every time they get an eviction notice.
Rent Relief: The bills also establish guidelines for distribution of the $2.6 billion in rent relief allocated to the state from the federal COVID relief bill passed in December. The bills pay up to a year of unpaid back rent (April 2020 through March 2021) and allow up to three months of future rent payments (April 2021 through June 2021), depending on the availability of funds.
- Landlords who choose to participate can receive 80% of a tenant’s back rent as long as the landlord forgives the remaining 20%.
- Tenants can apply for a 25% payment if their landlords decline to participate so that they can be protected monthly rental payment eviction protection.
The bill prioritizes households with the highest need for rent relief, targeting households with less than 80% area median income (AMI) and utilizing rounds to prioritize those who need rent relief the most:
- Round 1: Below 50% AMI or unemployed for 90 days.
- Round 2: Income below 80% AMI and in a community disproportionately impacted by COVID-19.
- Round 3: Everyone below 80% AMI not addressed in round 1 or 2 above.
Updated 12/27/20:
Congress passed a second stimulus bill that extended the federal eviction moratorium and provides rental assistance for struggling housing providers and tenants. CA will receive a large portion of these funds, but it is still unknown how they will procedurally distribute those funds.
Eviction Moratorium & Rental Assistance
- Provide $25 billion to states and local governments for rental assistance.
- Allow landlords to directly apply for the funds.
- Extend the CDC’s eviction moratorium through January 31, 2021. California’s eviction moratorium already extends through January 31, 2021, so REALTORS® should see little effect from this provision.
Updated 5/28/20:
The Santa Clara County Board of Supervisors unanimously voted to extend the eviction moratorium, which applies to all cities and jurisdictions with the County, until August 31, 2020. All other information regarding the details of the moratorium is still accurate below. The County will explore extending the payback period for outstanding rent during the eviction moratorium.
Updated 3/31:
The Santa Clara County Board of Supervisors unanimously voted to approve an eviction moratorium effectively immediately as of Tuesday, March 24, 2020, for all residential tenants and commercial tenants defined as a small business. Due to emergency powers granted to the County under an executive order from Governor Gavin Newsom this moratorium applies to all unincorporated areas AND all cities within the County’s jurisdiction. It is important to note all of the following information from the moratorium.
It is in effect until May 31, 2020.
ALL back rent unpaid during this moratorium is still owed by the tenant to the housing provider. The tenant will have 120 days from the end of the moratorium to pay all back rent, in addition to new current rent due. After this point, late fees and penalties can begin to be assessed. When the moratorium is lifted during the 120 days grace period late fees and evictions can still continue for unpaid new rent due.
The moratorium only protects tenants who can prove significant financial hardship as a direct result of COVID-19. Other forms of evictions can still occur. The tenant must be proactive and provide documentation to the landlord showing proof in any of the following ways:
– Substantial loss of income from: (i) job loss; (ii) layoffs; (iii) a reduction in the number of compensable hours of work; (iv) a store, restaurant, office, or business closure; (v) a substantial decrease in business income caused by a reduction in opening hours or consumer demand; (vi) the need to miss work to care for a homebound school-age child or a family member infected with coronavirus; or (vii) other similarly-caused loss of income, where the conditions listed in (i) through (vii) resulted from frorn the 2020 COVID-19 pandemic or related guidance or public health orders from local, state, or federal authorities
– Substantial out-of-pocket medical expenses for themselves or their immediate family members related to the 2020 COVID-l9 pandemic
Failure to comply as a housing provider is not a criminal offense but punishable through civil fines and penalties.
Any notice of termination served on a Tenant during the 2020 COVID-I9 pandemic must also include a notice of Tenant’s rights under this Ordinance as well as a notice of emergency rental assistance programs.
SCCAOR encourages all tenants and housing providers to read the entire ordinance for a comprehensive understanding of the moratorium. Click Here to Read the Ordinance
If any local Cities that have enacted an eviction moratorium have a stricter ordinance it still applies, along with the County ordinance.
Click Here for City of San Jose Eviction Moratorium Information
Click Here for City of Santa Clara Eviction Moratorium Information
The City of Gilroy may explore a local eviction moratorium at their next Council meeting in April as well as rental subsidies.
The Cities of Campbell, Milpitas, and Morgan Hill have all deferred to the County Eviction Moratorium.
What do I tell a client whose stock portfolio lost substantial value and who wants to back out of a transaction because he no longer has the funds? What are the buyer’s obligations? What are the seller’s obligations?
Updated 3/24: The loss of value in a stock portfolio does not, in and of itself, provide grounds for a buyer or seller to cancel a contract unless the contract is contingent upon the value being maintained. The C.A.R. Residential Purchase Agreement does not contain such a preprinted contingency. If a buyer was relying on the stock portfolio to provide the needed down payment or closing costs, the opposite is true. The last sentence in paragraph 3J(2) specifically states that the buyer’s contractual obligation regarding deposit, balance of down payment and closing costs are not contingencies.
Some people have heard of something called a “force majeure” clause. These clauses can limit a contractual obligation, or otherwise, based on “Acts of God.” However, California Civil Code, section 1511, paragraph 2 provides that performance of an obligation is excused when it is prevented or delayed by an irresistible, superhuman cause unless the parties have expressly agreed to the contrary. The C.A.R. contract does not have such a clause. “Force majeure” or “vis major” is not necessarily limited to the equivalent of an act of God, but the test is whether under the particular circumstances there is such an insuperable interference occurring without the party’s intervention as could not have been prevented by prudence, diligence and care (Pacific Vegetable Oil Corporation v. C. S. T., Ltd. (1946) 29 Cal.2d 228, 174 P.2d 441). While ordinarily, a drop in value in the stock market, be it dramatic or mild, would not excuse failure to perform, the extraordinary circumstances surrounding the coronavirus outbreak may be considered a circumstance warranting if not complete failure of performance then at least delay in performance.
Given the uncertainty, buyer and seller are encouraged to discuss alternatives to timely performance and reach a voluntary amendment during this period of state and national emergency.
What should I tell a client who wants to postpone listing their home for sale?
Updated 3/24: If a property is not yet listed, a broker may take a listing with a postponed effective date with written instructions from the seller. C.A.R. form SELM can be used for this purpose. In that form, paragraph 8C can be checked and a future date can be inserted in the blank fields. If the COVID-19 scare is not over by that date, then the broker and seller can agree to extend that date to another specific future date. If the seller wants to begin marketing and listing the property before the initial or extended date has been reached, then a written instruction to the listing broker will suffice. If the local MLS has already adopted the NAR Clear Cooperation Policy, then the seller must be informed that the property will be submitted to the MLS within one business day of any public marketing of the property.
If property is not yet listed, another option is to enter into a listing agreement with a future effective date. However, if the seller sells the property prior to that date, then the broker is not entitled to any compensation since the contact has not become effective. And, in such a circumstance the listing agreement may not even become binding on the delayed effective date since the seller no longer owns the object of the listing.
If the property is already listed for sale, the broker and the seller can mutually agree to postpone marketing of the property and extend the effective date. While paragraph 3A(3) of the residential listing agreement (C.A.R. form RLA) provides that the broker is entitled to compensation if the seller unilaterally withdraws the property for sale or makes it unmarketable, proceeding on such a clause in the current environment is risky. The best approach would be to seek a mutual agreement.
How are appraisals affected?
Updated May 4, 2020:
Under the revised Shelter in Place Ordinance, appraisers (along with inspectors) have been classified as necessary to enable a residential real estate transaction. They are allowed to operate under the following guidelines.
A single appraiser is allowed on the property to complete a walkthrough. The listing agent and the residents of the property should not be present when this occurs. They will need to abide by the County Social Distancing Protocol and the new state Industry Guidelines for Showing Property. More information on these policies can be viewed in a previous FAQ.
On March 23, 2020, Freddie Mac issued Bulletin 2020-5, Selling Guidance Related to COVID-19, which contains temporary guidance on appraisal requirements. Under the guidance, lenders will be allowed to use desktop appraisal and exterior only appraisals for purchase transactions through May 17, 2020. Freddie Mac has also provided language that the appraiser must copy and paste into their report in order to accommodate the revised scope of work, statement of assumptions and limiting conditions, and certifications for some of the scenarios presented. Visit the Freddie Mac website for more information.
How are real estate licenses, renewals and exams affected?
Updated 1/4/20:
If your DRE license is set to expire between December 31, 2020 and June 29, 2021 you have been granted an extension until June 30, 2021 to submit your renewal application, fee and continuing education requirements. The DRE is granting other limited exceptions and extensions. Click Here to read more and find out how to apply on the DRE website.
Updated 4/15
From the California Department of Real Estate’s website:
1. Will the Department of Real Estate (DRE) offices be open during shelter in place orders?
All DRE offices are closed to the public until further notice in order to comply with Governor Gavin Newsom’s Executive Order N-33-20, issued March 19, 2020, ordering all California residents to shelter in place to slow the spread of COVID-19. DRE is still operational by phone, eLicensing, mail and email.
DRE has many examinee, licensee and consumer processes available online on our website. To reschedule an exam date or conduct licensing transactions, use our eLicensing system. To file a consumer complaint, use our online complaint system.
For processes that cannot be completed online, documents can still be mailed to DRE. Click here for a list of our addresses.
2. Will DRE’s public information line be open during shelter in place orders?
Yes, however, wait times may be excessive due to staffing restrictions.
3. I heard that all licensing exams are canceled. Is this true?
Yes. DRE canceled all salesperson and broker license exams in all exam centers through April 30, 2020. This action was taken to comply with state and county public health agencies ordering residents to shelter in place to slow the spread of COVID-19.
4. If my exam is canceled, how do I reschedule it?
All examinees can reschedule canceled exams using our eLicensing system for free. If you do not have an eLicensing account, you can easily create one on our website.
5. If the county I live in has issued a shelter in place order, can I reschedule my exam date?
Yes. If the city or county issues a shelter in place order, your exam will be canceled and an email notification will be sent to you. Be sure to check your spam or junk email folders. When an exam is canceled, examinees are placed in a “self-schedule” status on eLicensing, which allows them to reschedule for free.
6. My real estate license will be expiring soon. What is the best way for me to complete my renewal?
The secure eLicensing online system offers expedited processing of salesperson, broker, and officer license renewals any time or day of the week. eLicensing is easy to use, paperless and interactive. Licensees enter information needed for license renewal into eLicensing, including the course number and completion date of continuing education courses taken. If continuing education is required, then Continuing Education Requirements must be completely satisfied in order to renew through eLicensing. Acceptable methods of payment include VISA, MasterCard, and American Express credit cards or debit cards bearing a VISA or MasterCard logo.
Unfortunately, officers renewing after the license expiration date and all restricted licensees cannot use eLicensing. Those renewal applications must be submitted by mail to the Department of Real Estate, P.O. Box 137003, Sacramento, CA 95813-7003.
Remember, you may use eLicensing or submit your renewal application 90 days prior to your license expiration date. Your renewal is on-time if your eLicensing transaction is completed or your application is postmarked before midnight on your license expiration date. If you submit your renewal on-time, Business and Professions Code Section 10156.2 permits you to continue operating under your existing license after its expiration date unless notified otherwise by the DRE.
7. How do I complete continuing education for my license renewal when I have been ordered to shelter in place?
Licensees can take continuing education courses by various means, including by correspondence or distance learning. Correspondence courses include courses offered online or by mail. You can search here for a list of continuing education courses that are offered by correspondence.
Please remember that continuing education courses follow strict regulations with regards to the amount of time required to be spent on a course and spacing of the final exams. See Continuing Education Regulations (RE 312) for additional information.
8. Is DRE considering extending expiration dates/deadlines for licensees or waiving fees for late license renewals?
Not at this time. DRE licensees have a four year license term, and are able to complete all continuing education courses online. Additionally, licensees can renew their license online using our eLicensing system which is available 24 hours a day 7 days a week.
9. Does the shelter in place orders affect other components of the Licensing process?
Live scan service providers may be impacted by shelter in place orders. Please check with individual service providers for their status.
You will likely experience delays with exam and licensing processes as a completed Live scan is required to obtain a license. It is strongly recommended that you use our eLicensing system for those transactions that can be completed online.
10. Will DRE accept electronic signatures on licensing documents during this time?
Yes; however, documents with electronic signatures still have to be mailed to DRE, if they cannot be completed using eLicensing.
11. Is DRE still accepting applications to take the broker and salesperson exams and to obtain a broker, salesperson or corporation license?
Yes. DRE is accepting exam and license applications by mail. Once the application is submitted, you can check the current application processing timeframes updated weekly on our website.
Is the SCCAOR office open?
March 3, 2021 — Santa Clara County has moved from the more restrictive purple tier to the less restrictive red tier under the state’s Blueprint for a Safer Economy four colored system. Learn More About Restrictions Under the Red Tier.
There are still NO changes to real estate transactions. The CA Industry Guidelines for Real Estate Transactions are still the guiding requirements for real estate transactions in Santa Clara County. Transactions and showings should still be done VIRTUALLY IF AT ALL POSSIBLE.
Updated January 26th:
CA lifts Regional Stay-at-Home-Order and Santa Clara County returns to purple tier under the state’s Blueprint for a Safer Economy four colored system. Learn More About Restrictions Under the Purple Tier.
There are still NO changes to real estate transactions. The CA Industry Guidelines for Real Estate Transactions are still the guiding requirements for real estate transactions in Santa Clara County. Transactions and showings should still be done VIRTUALLY IF AT ALL POSSIBLE.
The DRE will reopen four of the exam centers (Sacramento, Fresno, La Palma, and San Diego) on Wednesday, January 27, 2021. The Oakland exam center will reopen shortly thereafter. Learn More Here.
Updated December 6th:
In honoring the Regional Stay-at-Home Order, the SCCAOR office will be closed to the public until at least January 4, 2021. We will still be able to effectively serve you by phone, chat, email, or video conference. However, no face to face meetings will be allowed until the Regional Stay-at-Home Order is lifted.
How to Reach Us
Phone: 408-445-8500
Email: membership@sccaor.com
Online chat: https://www.sccaor.com/chat
Our virtual office hours are Monday-Friday 8:30 am – 5:00 pm
Lockbox/key contactless appointments can be booked online here.
Need to buy items from our store? Shop online and use our curbside pickup option.
Updated 5/4/20:
The Shelter in Place Ordinance has been extended until at least May 31, 2020, and the SCCAOR offices are still not deemed an essential business. Both offices will remain closed until further notice. However, SCCAOR is offering a select group of merchandise available for curbside pick up from the online store.
Updated on 3/31: In response to the new “Shelter in Place” Order, we will be temporarily closing our offices in both San Jose and Gilroy and our staff will be working remotely. There are several ways that you can get in touch with us if you have any membership related issues or questions:
- Call us at 408-445-8500
- Email us at membership@sccaor.com
- Use our online chat during business hours
What if I have a question that isn’t answered here?
You can submit additional questions and comments by filling out the form located further down this webpage.
