FAQs: COVID-19/Coronavirus In-Person Access Acknowledgement Form
In an effort to be responsive to the members demands for a form addressing risk of entering properties, Florida Realtors has released the new COVID-19/Coronavirus In-Person Access Acknowledgement on Form Simplicity.
Here are answers to frequently asked questions regarding this new form.
Where do I find the new form?
The COVID-19/Coronavirus In-Person Acknowledgement form can be found within Form Simplicity and Transaction Desk.
Is this new form mandatory?
No. This form is optional. Safety is the main consideration. This form is available for use when it is necessary to access a property in person. Please also discuss with your broker how and when this form may be used in your office.
Why was this form created?
It was created at the request of many Realtors® around the state who believed a statewide, uniform in-person showing form would be beneficial for the industry.
Is this form designed for use with properties for sale or properties for lease?
The form can be used for either.
Is the form to be given to a seller?
It can be given to a seller by the listing agent once, to cover future showings during the term of the listing, where the seller directs the listing agent/brokerage to continue to bring potential buyers to the seller’s property, despite the COVID-19/coronavirus pandemic.
Is the form to be given to a landlord?
It can be given to a landlord by their listing agent once, to cover future showings during the term of the listing where the landlord directs the listing agent/brokerage to continue to bring potential tenants to the landlord’s property, despite the COVID-19/coronavirus pandemic.
Is this form to be given to buyer?
It can be given to a buyer by a selling agent, when a buyer requests a selling agent to show buyer property, despite the COVID-19/coronavirus pandemic. The form only needs to be given to that buyer once by an agent who brings buyers to view properties even if that selling agent provides buyer with in-person access to multiple properties.
Is this form to be given to a tenant?
It can be given to a tenant who directs a leasing agent to provide tenant with in-person access to a property for lease, despite the COVID-19/coronavirus pandemic. The form need only be given to that tenant once by an agent who brings tenants to view properties, even if that leasing agent provides tenant with in-person access to multiple properties.
Can this form be signed by inspectors, appraisers, movers, etc.?
No, this form is not designed to be used with third parties, but the form may be given to prospects who access the property for those services.
What should be considered by brokerages in determining whether they want to use this form in their practice?
There is no language that can prevent a lawsuit. This form provides an opportunity for Realtors® to confirm with owners and prospects that they understand there are risks involved with in-person showings, will minimize these risks as outlined in the form and are willing to assume these risks. It is the decision of each brokerage whether this is the right risk reduction strategy for your brokerage. As with all forms, please allow the customer adequate time to read the form and encourage them to seek the advice of counsel should they have legal questions.
How does the agent/broker complete the form?
The agent who is giving the form to a party should check off whether that agent is with the listing brokerage or co-operating brokerage and insert the name of the brokerage in the corresponding blank. In the event the agent is both the listing and cooperating brokerage, that agent can check both boxes and insert the brokerage name in both blanks.
Additionally, the agent who is giving the form should also check off whether the form is being given to the owner of the property, either the landlord or seller, or the second box should be checked that the form is being given to the prospect, either the buyer or tenant.
What does the person receiving the form need to complete?
The person(s) receiving the form should read, sign and date the form.
Should both the owner and prospect sign the same form?
Although it would be possible to do this, it is unlikely that one agent will give one form to both. Usually the listing agent will give the form to the owner and the selling agent will give the form to the prospect.
Should I retain the form and give a copy to the party who signed the form?
Yes.
Source: Florida Realtors®
DISCLAIMER: Please note that the COVID-19 pandemic is evolving daily. Make sure to observe the CDC Guidelines as well as the Federal, State, and Local Orders. For legal questions, please contact the Florida Realtors® Legal Hotline.