PA Government Order FAQs
What in-person real estate activities are currently permitted in Pennsylvania?
(rev. 6/05) In yellow-phase counties, “all businesses in the real estate industry” can conduct in-person operations subject to the Real Estate Industry Guidance issued on May 19.
In green-phase counties, these specific restrictions are lifted but real estate must conduct in-person activities in compliance with the latest version of General Business Guidance released by the administration.
Can other service providers participate in a real estate transaction do business in-person?
(rev. 6/05) In yellow-phase counties, the Real Estate Industry Guidance applies to “all businesses in the real estate industry, which includes real estate professionals, appraisers, notaries, title companies, settlement service providers, escrow officers, home inspectors, mortgage loan originators, processors, and underwriters, and other necessary office personnel including IT professionals, and back-office staff necessary to maintain office operations”
This guidance does NOT regulate all service providers that may contribute to a real estate transaction – only those considered a part of the real estate industry. Though most businesses should be able to operate in yellow-phase counties, any business that is otherwise prohibited from operating could not open its doors just because it happens to also contribute to real estate transactions.
In green-phase counties the answer is similar. Though most businesses should be permitted to operate with even fewer restrictions under the green-phase General Business Guidance, if a business is closed or limited for some reason those limitations would not be lifted simply because the business also contributes to real estate transactions.
Remember that no business is required to open, so always check with service providers to ensure that they are ready, willing, and able to offer services – and to do so safely.
Can I still do short term rentals?
(rev. 6/05) In yellow-phase AND green-phase counties, residential properties may be offered for short term rental so long as the owners adhere to the General Business Guidance. A real estate broker could facilitate short term rentals in these counties, so long as the brokerage follows the overall business operation rules of the yellow-phase Real Estate Industry Guidance or the green-phase General Business Guidance, as appropriate.
As designated in these orders, a short term rental is “any unit, group of units, dwelling, building, or group of buildings within a single complex of buildings which is advertised or held out to the public as a place regularly rented to guests, or which is rented to guests more than three times in a calendar year for periods of less than 30 days or 1 calendar month, whichever is less, or rented through a home-share website.”
State guidance has been spotty here, but it appears that the intent of this definition is that if a property would qualify as a “short term rental) if is regularly rented on a short-term basis, if it has been rented for less than 30 days at least 3 times in the year, or if it is rented through a home-sharing site. This suggests that the term of a particular rental contract is not controlling. For example, if a property is rented through a home-sharing site it is presumed to be a short term rental even if the current rental term is written to be 32 days. Similarly, if a property is rented a week at a time during the year but a specific rental term is 32 days, the property is still considered a short term rental.
Are in-person activities permitted for commercial transactions?
(rev. 6/05) Yes. As of May 19, all types of real estate transactions are subject to the same rules and restrictions.
Are in-person activities permitted for residential leasing transactions?
(rev. 6/05) Yes. As of May 19, all types of real estate transactions are subject to the same rules and restrictions.
What Personal Protective Equipment is required for real estate activities?
(rev. 06/05) The yellow-phase Real Estate Industry Guidance requires that “every person present” for an in-person activity must wear a mask/face covering. No other PPE is required for real estate activity in yellow-phase counties.
The green-phase General Business Guidance does not specifically reference real estate transactions but does require that workers wear masks while at a “worksite” and that customers wear a mask “while on the premises” of a business. Under these general rules, agents and clients/customers should still wear masks while at a real estate office or at a listed property.
Are there mandatory travel quarantines in Pennsylvania?
(7/9) The Pennsylvania Department of Health has issued a quarantine recommendation that individuals who “return to Pennsylvania” after traveling to specific states where there “are high amounts of COVID-19 cases” quarantine in their homes for 14 days after they return.
Based on this recommendation, agents who travel to any of the covered states should not provide in-person services during the 14-day quarantine period. Further, returning buyers should not be attending in-person showings/inspections, and returning sellers should probably not permit consumers into their property during that time.
Agents can use PAR Form COVID-HSA or a similar form to assess whether an individual has recently traveled to an area covered by the state quarantine. Revisions are in the works to update the existing travel question to reflect the state quarantine, but in the meantime, you can certainly write in additional wording to ask if individuals have visited areas subject to the state guidance.
Though this guidance does not specifically reference visitors to the state – and we’re not sure why that is – PAR recommends asking all visitors to the property about recent travel to allow sellers to make informed decisions about property access.
Transaction FAQs
Can I still hold open house events?
(rev 6/05) In yellow-phase counties, no. The Real Estate Industry Guidance issued on May 19 prohibits any “in-person group showings for either potential buyers or real estate professionals,
including open houses, broker opens or office tours.” If a potential buyer is may be interested in an initial look at a property it would be more appropriate to utilize a virtual tour or virtual showing.
In green-phase counties…technically yes, but they may be difficult to do in compliance with the rules.
The green-phase General Business Guidance says that “where feasible, businesses should conduct business with the public by appointment only,” and where it isn’t feasible, businesses must limit the number of customers and enforce social distancing. So listing agents should be exceedingly cautioned about operating open houses unless they are willing and able to enforce the general safety rules.
For example, to ensure social distancing, it may be necessary to limit the number of consumers allowed in the property, and/or to establish flow through the property to ensure that consumers don’t end up in the same place at the same time. Depending on the size, layout, and desirability of a property, it could take two to three agents to ensure that this is done well (remember that the state Real Estate Commission has indicated an open house can only be operated by a licensee).
Similarly, while there isn’t a specific requirement to maintain visitor contact information in green-phase counties, agents should consider whether to more strongly enforce sign-in policies at open houses so they are able to provide that information in the event it becomes necessary to do contact tracing. But if agents will be enforcing a policy to get legitimate names and contact information from consumers, be sure to provide those consumers with a more obvious opportunity to opt-out of future contacts. It is not going to go over well if you require a phone number or email “for safety purposes,” but then abuse it for marketing.
My client is demanding that I arrange a showing under terms that would violate state requirements. Am I legally or contractually obligated to do so?
(rev. 6/05) No. While it is true that a listing broker or buyer broker has a fiduciary responsibility to work in the best interests of his or her client, a client does not have any authority to dictate actions that may be illegal or unsafe. For example, you would not be obligated to obey a client directive to lie, even if the client believed it to be in their best interests.
While a client could request/demand conditions that are more restrictive than those contained in the relevant state rules, they could not implement or make you follow conditions that are less restrictive and therefore in violation of the state orders.
What is a “virtual” showing or open house? Is it OK for an agent to visit a property to take pictures or stream a video walkthrough?
(rev. 5/19) A virtual showing is a real-time showing conducted for a specific client via live video. A virtual open house is a real-time video-streaming event conducted for the public, an office, or other brokers.
Though most in-person real estate activities are permitted in all areas of Pennsylvania, including agent-facilitated virtual showings, it is still recommended that you perform as much activity with as little in-person contact as possible. For example, encourage buyer clients to spend some time with pre-recorded virtual tours (if available) before deciding if they want to facilitate a virtual showing that would require an agent to visit a property in-person. And encourage buyers to schedule a virtual tour with their agent prior to going to a property to visit in-person.
Can I hire a photographer or videographer to go to my listing and get a photo/video for a virtual tour?
(rev. 6/05) Yes. In yellow-phase and green-phase counties, there is a presumption that all businesses can open unless there is a specific prohibition in place. Since photography is not explicitly closed in these counties, professional photography and videography should be permitted.
What about vacant properties?
(rev 4/29) Vacant properties are not treated any differently than any other type of property. All answers and guidance are the same.
How many people can be in a property for a showing, inspection, etc.?
(rev. 6/05) Under yellow-phase Real Estate Industry Guidance, in-person activities are limited to “no more than the real estate professional and two people” inside a property.
In this context, one person is…one person. For example, if a buyer agent is showing a property to a married couple, the couple is two people (they don’t count as one just because they live together). The couple and their 14-year-old child would count as three people (kids don’t get ignored in counting people), so one of them would have to wait in the car.
The green-phase General Business Guidance does not contain a specific limit on the number of people who may be at a property. PAR recommends ensuring that the fewest possible people are present for any particular in-person activity.
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