COVID-19 is affecting the real estate industry in unprecedented ways. According to the Centers for Disease Control (CDC), the virus is primarily spread between people who are in close contact with one another (within about 6 feet) and through respiratory droplets produced when an infected person coughs or sneezes. For this reason, sellers and landlords are understandably anxious about allowing third-parties to enter their property.
To help address this concern, the Arizona REALTORS® has prepared a Model Covid-19 Certification for Property Access. While the model form does not create a contractual agreement nor act as a release or waiver, it benefits the property owner by: (i) raising the topic of COVID-19 contamination prior to entry into the home by others; and (ii) prohibiting entry if any one of six criteria are met. For example, if the person seeking to enter the home is experiencing symptoms related to COVID-19 or has recently traveled to any location subject to a CDC Level 3 travel health global pandemic notice, they are not granted permission to enter.
Although drafted by the Arizona REALTORS®, the model certification is not a standardized form subject to copyright. Members are therefore free to brand the form or revise it so that it better fits their needs. Use of the form is of course in no way mandatory. Rather, it is simply a tool designed to ease concerns a seller or landlord may have associated with allowing others entry into the property. If a seller, landlord or their REALTOR® choose to use the certification, it should be presented to all individuals seeking access, who must sign the document before being granted entry. The form should then be retained as a record.
This article is of a general nature and reflects only the opinions of the author at the time it was drafted. It is not intended as definitive legal advice and you should not act upon it without seeking independent legal counsel.