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The Department of Regulatory Agencies, specifically the Division of Real Estate, and the Department of Law have received inquiries regarding the ability of real estate brokers to show property during the coronavirus disease (COVID-19) crisis. We want to provide guidance on what a real estate broker can and cannot do during this time.
Executive Order D 2020 017, amended by Executive Order D 2020 024, requires all Coloradans to stay at home and all businesses to close due to the presence of COVID-19 in the State, unless the business is designated as a “critical business.” This Executive Order went into effect on March 26, 2020 and expires on April 26, 2020 unless further extended by the Governor.
Public Health Order 20-24, issued pursuant to Executive Order D 2020 017, and amended by Executive Order D 2020 024, does not authorize real estate marketing services such as in-person showings or open houses.
Real estate appraisals and closings are considered critical services to complete real estate transactions. Further, home inspections and final walkthroughs after a buyer has signed a purchase contract, and is therefore a condition precedent to the actual transfer of property, is also considered to be an essential part of the real estate transaction.
Elements that are fundamental to the real estate transaction are deemed essential to support market activity. However, showing a property or conducting an open house in-person during the COVID-19 pandemic shall be avoided as it violates the specific mandates of recently issued executive and public health orders.
Further, encouraging members of the public to engage in non-essential travel and/or requiring residents to leave their residences for the purpose of viewing real property unnecessarily compromises public health by expanding public exposure.
We recognize this is a difficult time, but we are asking for compliance so that the spread of virus and the risk to our population is mitigated whenever and wherever possible. Thank you.
Last Updated April 9, 2020
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