Broward County Real Estate Guidance
Real Estate Deemed Essential Business with Stipulations
March 27 – Broward County enacted a new more restrictive Emergency Order (Emergency Order 20-03) that went into effect on March 27th. Although the emergency order creates new restrictions for residences & businesses, there is now clarification on how the Order specifically applies to real estate.
After extensive efforts by our Government Affairs Team for clarification of the prior Order, Real Estate has now been deemed to be an “Essential Business” as long as services are provided electronically or remotely.
Section 3 of the new Order states: “Essential Businesses…may remain open, but shall practice and ensure persons interacting with and within such businesses practice social distancing and all other measures as advised by the CDC”.
Section 3.oo of the new Order goes on to state: “Real estate sales and real property title services, provided such services are performed only electronically or remotely as permitted in Section 4.”
Section 4 of the new Order states: “…commercial businesses may perform remote work so that a business’s employees may interact with each other and/or with customers solely through electronic or telephonic means, and deliver services or products via only electronic means or mailing, shipping or delivery of services.”
Section 5 of the Order goes on to state: “This order does not limit the number of persons who may be physically present and performing services on-site related to the operations of an Essential Business...”
This clarification allows Realtors® to continue to conduct business within the parameters of the Order. The Broward, Palm Beaches and St. Lucie Realtors® Public Policy Team is continuing to monitor the situation and when appropriate will lobby for less restriction as this situation evolves.
In an effort to assist our members, we're offering the following general guidance after consulting with legal professionals; however, we encourage brokers to seek legal advice from their own legal counsel, as opinions can vary with other factors.
What the new Order means to our Members:
Are brokerages in Broward County allowed to remain open? Answer: Yes, brokerages are allowed to remain open and continue to conduct real estate business. However, interaction between real estate agents and the public must occur virtually, electronically or telephonically/by phone. In Broward county, real estate agents are not allowed to physically meet with clients or customers.
Are agents allowed to list homes? Answer: Yes. Agents are allowed to work with sellers and list homes, although agents and sellers are not allowed to be physically present with one another. Agents are required to work with sellers virtually, electronically or telephonically/by phone. They can tour the home via video tour or they can physically view the home provided members of the public (including seller) are not present.
Are agents allowed to conduct Showings? Answer: No, in-person showings are not permitted. However, Virtual Showings are allowed. Our MLS rules do NOT require that showings be permitted for properties listed in the MLS; however, if showings occur, agents are prohibited from meeting clients on-site and physically touring the residence together. Agents are encouraged to create online home tours and share them virtually with customers and clients. Agents are allowed to conduct virtual showings providing no members of the public are present during the event (includes sellers, buyers and other real estate agents). Showings must occur without any other parties being present.
Are agents allowed to conduct Open Houses? Answer: No, in-person open houses are not permitted; however, Virtual Open Houses are permitted. The Association recently added a new Virtual Open House tool in the MLS that allows agents to conduct Showings while adhering to the new Order. Agents are now able to preschedule Open Houses for a future date and “live stream” them while customers and clients view them from the comfort of their homes. Seller must not be present while Open Houses are occurring.
Our Government Affairs Directors have spoken with the head of the Broward County Records Taxes and Treasury Division, Recording Section. They assured us that while they are not conducting face-to-face business with the public, they are still processing all relevant documentation, e-filings continue, and they have now set up a Dropbox in the Broward Governmental Center, located at 115 S. Andrews Ave., Fort Lauderdale Florida, 33301.
You are urged to implement all Center for Disease control (CDC) recommended best practices, including social distancing practices, such as keeping six feet between persons and limiting group size to less than ten people. At this time, real estate services are permitted to be performed electronically or remotely. The more you can do virtually, the better.
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.
NEW Virtual Open House Feature in the MLS!
You now have the ability to schedule Virtual Open Houses and Virtual Broker Opens. Use any online virtual service, such as Facebook, Zoom or Microsoft Teams to schedule a live online walkthrough of the home. We have created a webpage with easy to follow screen shots and steps to assist you in using this new tool. FULL DETAILS