Open Houses Prohibited and Mitigation Precautions Required

On April 8, 2020, Governor Sisolak signed Declaration of Emergency Direct 013 which indicates that it shall not be construed to limit the sales of real estate during the state of emergency.  Nevertheless, it has a significant impact upon the manner in which agents conduct their activities.

In our video blog posted on March 26, 2020, we indicated that open houses were permitted but strongly recommended that they not be utilized. Declaration of Emergency Directive 013 provides:

Open house showings, and in-person showings of single family and multi-family residences currently occupied by renters of real estate on the market for sale, are hereby prohibited for the duration that this Directive is in effect.

The direction does not prohibit the use of existing three dimensional interactive property scans; virtual tours, and virtual staging to showcase a property, and it allows but does not require, the tenant to agree to provide photos, videos, or other virtual access to the property owner for this use.

The Directive further provides that:

“Real estate professionals engaged in real estate sales during the state of emergency shall adopt precautionary measures and COVID-19 risk mitigation practices to minimize the risk of spread of the disease and are encouraged to avoid in-person transactions and services to the extent practicable.”

There are many steps that licensees can take to meet these obligations and the failure to do so may result in the future imposition of liability.  For more information regarding precautionary measures that agents can take in an effort to minimize the risk of the spread of the coronavirus, please don’t hesitate to review our video blogs.

For more than 30 years, Attorney Lee A. Drizin has practiced in the areas of estate planning, probate, trusts, guardianship and real estate matters representing clients throughout the state of Nevada.

Drizin Law is providing this information for educational purposes only. It should not be construed as legal advice or a legal opinion as to any specific facts or circumstances. This information is based on general principles of Nevada law at the time it was created and you should be aware laws frequently change. Moreover, the laws affecting you may differ depending on the circumstances. You should consult with a qualified attorney in your own state or jurisdiction concerning your particular situation. Review of this information does not create an attorney-client relationship.