The Arizona REALTORS® continues to recommend that agents and property owners carefully consider the advisability of holding open houses at this time, especially based on recommendations from the Centers for Disease Control that gatherings of ten or more persons be avoided. In fact, the preferred course of action is to virtually grant third-parties access to the property.
Many companies and apps offer on demand open houses, video tours, and virtual staging to showcase a property. These options offer REALTORS® a way to continue representing their clients, but in a socially responsible manner.
To encourage the use of virtual showings and remind potential buyers and tenants of alternative ways to view the property, the Arizona REALTORS® has supplemented its Model COVID-19 Certification for Property Access. Specially, the following sentence now appears on the Model Certification: “If access is prohibited based upon the above, reasonable accommodations can be made to provide virtual access.”
Please keep in mind that the Model Certification form is not a standardized Arizona REALTORS® form, meaning that it is not subject to copyright. Users of the form can revise and edit it as they see fit, or as recommended by their independent legal counsel.
About the Author: Scott M. Drucker, Esq., a licensed Arizona attorney, is General Counsel & Assistant CEO for the Arizona REALTORS® serving as the primary legal advisor to the association.
This article is of a general nature and reflects only the opinion 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.