Heart of Missouri Board of Realtors
Dear Missouri REALTORS®,
I hope this message finds you well. The Residential Forms & Risk Management Committees have remained quite busy considering your collective input and what additional forms or other tools we are able to provide to assist you in dealing with the COVID-19 pandemic. Last week, we made available Rider/Amendment forms to use for both Sale Contracts (COVID-2001) and Listing Contracts (MSC-1031).
Effective immediately, we are now making available the following:
1. COVID Showing Flyer: This voluntary form is designed to allow for posting on the exterior access doors of a listed property. It asks all persons about to enter a property to confirm they satisfy basic health screening questions (and any other showing terms or protocol an Owner may establish) prior to entry. Obviously, it is impossible to effectively screen or monitor all people with complete assurance, but under current circumstances, it would seem to represent a "reasonable" step that one might take.
2. COVID-19 Release & Hold Harmless Agreement (COVID-2002): This "stand-alone" form can be used in any situation (for Seller, Buyer or Tenant clients & customers) impacted by property access needs or desires in a real estate transaction (both sales & leases). Obviously, continuing such activities (where permitted) involves a certain degree of risk which may result in illness or much worse. This form acknowledges that risk and, in light of the signatory's desire to proceed forward, sets forth their agreement not to sue the REALTOR® involved on account of any exposure to disease-causing organisms (such as COVID-19). In other words, it releases the identified REALTOR® (and all of its agents, etc.) from all claims and liability as a result of any such possible exposure).
3. Listing Contract COVID-19 Rider/Amendment (MSC-1031): The initial version released last week has essentially been updated to incorporate the same release concept discussed above.
Like last week, we will proceed to process these forms and make them available via all of our vendors (per usual), but in order to avoid delay, they are linked within this message and accessible via our Coronavirus Resources page. These are available for your immediate use. We remain committed to providing you with the tools and information needed to navigate these trying times.
Please stay safe and healthy!
General Counsel | Vice President, Risk Management
Weekly update from NAR 03-26-2020 CLICK HERE TO VIEW
MARCH 24, 2020
This morning the HOMBOR Board of Directors approved suspending the agent tour and open house function in the MLS system for the next 30 days to help comply with rules and regulations that have been enacted by the State of Missouri “limiting gatherings of more than ten (10) people”. This doesn’t mean you are not able to hold open houses, but you won’t be able to enter open house information into the MLS and have it syndicated to websites. For more information regarding holding open houses, please see the link below.
NAR Open House Guidance During COVID-19
The local title companies have updated their policies for handling closings going forward and they are all asking that all real estate agents not attend closings. They are only allowing “signors” in their offices for closings (no kids, parents, ect….). Before sending your clients to closing, please check with the appropriate title company for their closing procedures. Some companies are allowing for “curb side” closings and others will soon only allow people in their offices by appointment only. Please contact your closing department regarding how commission checks will be disbursed. For companies without closing departments, title companies will be sending out checks to brokers ASAP after a closing occurs.
When conducting business during the next few weeks, please consider the following:
Comply with all Federal, State, County and City Executive Orders.
Withdrawing listings of properties where people living in the property are sick is your call
Before sellers leave for a showing, have them turn on lights and have all interior doors open for every room, closets, and pantries, etc… to reduce suffices that require being touched.
Have hand sanitizer for agents and clients to use before and after showings.
Consider carrying disposable gloves in your car to each showing
Read and Follow all showing instructions
Ask clients if they have been recently been sick and explain to them it would be better for themselves and property owners if they wait to view properties
Do not show properties if you are sick. (Consider having a backup agent in your office fill in for you)
Meet clients at properties you are showing (don’t ride in the same car)
Only meet the actual buyers (no more than two; don’t bring extra family and friends)
Instruct buyer clients not to touch anything in properties. (If anything needs to opened such as a refrigerator, REALTOR® should be the one to open the door(s)).
Make sure you and your clients are wearing shoe covers when provided by a seller
Have hand sanitizer at your office for agents and clients to use.
Make sure your office spaces used by agents and staff are disinfected using CDC guidelines.
Sanitize all office phones and cell phones at least once a day (Cleaning iPhone)
Consider adding Virtual Tours to your listings in Flex to promote online viewing of the properties
For more resources regarding coronavirus, please view the links below.
CDC Coronavirus webpage
NAR Coronavirus Information Page
We’ll be sure to pass along more information when we have it.
Please stay safe and use best practices to protect yourself, family, & clients,
Dixie L. Collins, Association Executive
Heart of Missouri Board of Realtors®
The current world-wide Coronavirus pandemic (“COVID-19”) has had unprecedented impacts on real estate transactions. In order to help you address some of these issues, the Missouri REALTORS® Residential Forms & Risk Management Mission Committees have held emergency meetings this week to develop and approve two new forms for your use:
COVID-19 RIDER / AMENDMENT
This form is designed to work as both an Amendment (for existing Sale Contracts), as well as a Rider (for new offers).
Box 1 allows for the parties to elect to extend the Closing Date (only) and will likely be used in existing Contract situations.
For situations in which parties to an existing Contract will not agree to an extension of any kind, the parties should just complete a Mutual Release (MSC-4050) per usual.
Box 2 is designed to effectively extend the date of ALL remaining contingencies which have not yet expired under the Contract (as agreed upon b/w the parties) with 30 days as a default.
An extension is provided even for a voluntary quarantine (by either Buyer or Seller). If parties are concerned that such an extension could be abused, they may choose to insert additional language requiring the party claiming the need to first provide a note from a health care professional documenting the need to self- quarantine. We thought this too much to try to include in this form.
Section 4 can be used to alter any of the above or to set forth any other terms and conditions agreed to by the parties.
LISTING CONTRACT COVID-19 RIDER /AMENDMENT
This form is designed to document an Owner’s decision to allow (or not) continued open houses, “in-person” (live) showings, and continued access to a Property by potential buyers, buyer’s agents, inspectors, appraisers, contractors, and others as may be necessary to complete the sale and closing of the Property.
It too is designed to work as both an Amendment (for existing Sale Contracts), as well as a Rider (for new listings).
Our work is not yet done. We remain committed to providing our members all of the tools and information needed to navigate these trying times. We will proceed to process these forms and make them available via all of our vendors (per usual), but in order to avoid delay, they are attached to this message and available for your immediate use.
Please stay safe and healthy!
Steven D. Graham
Vice President, Risk Management