Good Morning.
Yesterday was a busy day for our association leaders with a Board of Directors Meeting, County Taskforce Session, C.A.R. meeting with Association Presidents & AEs, and calls from members.
Diane Spooner shared a Member Update on the new C.A.R. Talking Points that include information on the
Coronavirus Aid, Relief, and the Economic Security Act
(CARES Act)
that passed the Senate Wednesday night. The Talking Points can be accessed
HERE.
I am contacting you today about property visits.
NOTICE TO ALL REALTORS
At the local Association President's meeting yesterday, C.A.R. staff addressed a proliferation of agents showing properties "live" in CA. and shared consequences at the local jurisdictions such as fines of up to $1,000 for not following the Stay-At-Home Order.
I would like to confirm that there are reports of our own members who held open houses last weekend and are continuing to show properties, complete agent inspections and perform other live transaction procedures which fall under the opposition of the Governor's Order late last week. C.A.R. has provided an up-to-date guide for REALTORS to follow on their microsite:
https://www.carcovidupdates.org
/.
At yesterday's session, C.A.R. Legal Counsel Brian Polinsky addressed the issue and advised us that showing properties other than by virtual listings (This includes vacant properties) is not only a violation of the CA Order but may also be a violation of our NAR Code of Ethics. Article 11 relates to
services contracted between REALTORS® and their clients or customers; the duties expressly imposed by the Code of Ethics; and
the duties imposed by law or regulation
.
C.A.R. is working diligently with the Governor's offices to implement a change in what is considered "essential" services to allow certain real estate activities to take place and will apprise us of any progress. At this time, we ask that agents be patient and meet their obligation under the Code of Ethics to protect the interests of their clients, the public and other agents in the industry. Complaints may be filed and fines imposed if such activity continues.
Again, please contact C.A.R. legal services if you have any questions on how to proceed with certain business transactions. Earlier this week, we reminded you that your Errors and Omissions Insurance may not cover willful acts that violate laws and, in this case, our Governor's Order. Both state and local authorities have just cause to imposed fines; today's session confirmed that law enforcement measures are taking place in CA.
We appreciate you taking the State Executive Order to Shelter In-Place seriously as the consequences of not following the Law and compliance with our NAR Code of Ethics can produce serious and costly consequences.
You can access your
C.A.R. legal hotline benefit at (213) 739-8282.
Please be professional and be safe.
Sincerely,
Kathleen Hinman, RCE
