Coronavirus Resources and Updates

Virginia REALTORS® is committed to keeping Yous in-the-know with updates and resources regarding the impact of the coronavirus disease (COVID-19) on your business and industry. Keep checking back—this folio will be updated regularly with new data.

Important Updates At a Glance

  • Resource Updates. The post-obit categories received significant updates on March 3, 2022. Please review these sections for the latest data:
    • Licensing & DPOR FAQs
    • Government Response and Executive Club FAQs
  • Relief Program Updates. Through a new state plan, Virginia Housing administering relief for renters experiencing fiscal difficulties due to the pandemic. Through the Virginia Rent and Mortgage Relief Program (RMRP), eligible landlords can at present apply on behalf of their tenants to receive fiscal assistance for past-due rental payments dating back to April ane, 2020. For more data and to get started with the awarding process, visit VirginiaHousing.com/RMRP

COVID-xix & Real Manor

Licensing & DPOR FAQs (Updated March three, 2022)

Authorities Response and Executive Order FAQs (Updated March three, 2022)

  • The Virginia REALTORS® regime relations team worked with Governor Northam and his team to make sure you are able to continue to work, stressing that nosotros would ensure safe business practices. As COVID-xix numbers go along to fluctuate, Virginia REALTORS® reminds you lot to practice business organisation safely by following the for protecting workers and limiting the spread of the virus.
  • Through a new state program, Virginia Housing (formerly the Virginia Housing Development Authority) is administering relief for renters experiencing financial difficulties due to the COVID-19 pandemic. Through the eligible landlords tin can at present employ on behalf of their tenants to receive financial aid for by-due rental payments dating back to April i, 2020. Funding for RMRP is through the federal Coronavirus Aid, Relief, and Economical Security (CARES) Act. For more information and to go started with the application process, visit
  • On July 27, 2020, Governor Northam announced $70 million for small-scale businesses and nonprofit organizations whose normal operations were disrupted by COVID-19. The funding will exist made bachelor through Rebuild VA, a new economic recovery fund, and grants of up to $x,000 volition be awarded.

Q: Are you allowed to hold open houses?

A: Open up houses have never been explicitly prohibited in Virginia; still, Virginia REALTORS® encourages y'all to discuss the potential risks and benefits of an open up house with clients, especially when in an expanse designated equally . Some safe precautions yous may desire to discuss with your clients include:

  • Ensuring that all individuals inbound the open house wear advisable confront coverings;
  • Providing clear advice and signage for physical distancing in areas where individuals may besiege, particularly at entrances;
  • Limiting the occupancy of physical spaces to ensure that acceptable physical distancing may be maintained;
  • Practicing routine cleaning and disinfecting of loftier-contact areas and difficult surfaces;
  • Providing a place for individuals to launder hands with soap and water, or provide booze-based hand sanitizers containing at least lx% alcohol; and
  • Posting signage at the entrance, stating that no one with a fever or symptoms of COVID-19, or known exposure to a COVID-nineteen case in the prior 5 days, is permitted to enter.

Q: Are the requirements that individuals wear face coverings still in place?

A: No, however, the CDC is recommending that all individuals in areas with high COVID-19 customs levels wear face coverings, even indoors.

Q: Do yous accept to provide clients with a face covering?

A: No, at that place is aught that requires a business concern to provide face coverings to clients or customers. If you do provide face coverings, they should be single use to avoid the risk of improper sanitization.

Q: Do buyers demand to wear a face covering while viewing a property?

A: If the property is located in an area that the CDC has identified every bit a , buyers should vesture masks when indoors. If the seller has included a requirement to clothing masks as part of the showing instructions, buyers and agents should wear masks when inbound the belongings.

Belongings Direction FAQs (Updated March 3, 2022)

  • Evictions Ban Ruling Update. On Baronial 27, 2021, the US Supreme Court overturned the new CDC targeted eviction moratorium. Acquire more here.*For information on current protections in place for tenants who cannot pay their rent correct now, see our Property Management FAQs beneath.
  • Form 200 RR – COVID-19 Rules and Regs  (Y'all must be logged in to access this PDF)

Q: What protections are in place for tenants who cannot pay their rent right now in Virginia?

A: During the 2021 Special Session, the General Assembly passed linguistic communication that continues to restrict evictions through June 30, 2022.

In Virginia, landlords cannot terminate a lease or take action to obtain possession for nonpayment of hire from an eligible tenant except in certain circumstances. A "eligible tenant" is i that has:

  • Qualified for unemployment benefits,
  • Experienced a reduction in household income,
  • Incurred meaning costs, or
  • Experienced other financial hardship during or due to the coronavirus pandemic.

Landlords may terminate a charter or pursue possession against an eligible tenant for nonpayment of rent only if:

  • The landlord provides written observe that:
    • informs the tenant of the Virginia Hire Relief Program and
    • provides the website address (https://world wide web.dhcd.virginia.gov/rmrp) and statewide phone number (211) for the program
    • includes information on how to achieve 2-1-i- Virginia to determine whether there are any other available federal, land, and local rent relief programs.
    • informs the tenant that the owner or property manager will apply for rental aid on the tenant'due south behalf inside 14 days unless the tenant pays in full, enters a payment plan, or informs the landlord they have already practical for rental aid.
  • The landlord applies for rental assistance on behalf of the tenant inside 14 days of sending the find unless the tenant pays in total, enters into a payment plan, or notifies the landlord that they have applied for rental assistance.
  • The landlord fully cooperates with the tenant's application if the tenant has practical for rent relief.
  • Written blessing from the rental assistance program is not received inside 45 days of the complete awarding for an initial awarding or 14 days of a subsequent application.
  • The tenant does not:
    • pay in full,
    • enter into a payment plan,
    • refuses to apply, or
    • refuses to cooperate with the landlord who has applied.
  • The tenant is ineligible for whatsoever hire relief programs.
  • There are no more funds available in rent relief programs.

Note that the Virginia REALTORS® Discover of Tardily Rent templates (available for download in the adjacent section) incorporate all necessary language.

Additional Requirements for Belatedly Notices

Virginia law now provides additional requirements for late rent notices. We have drafted two separate notices, one for landlords who ain four or fewer properties and ane for landlords who own five or more than properties. You can access them hither Updated February 11, 2021. :

    • PM Belatedly Rent Notice - iv or Fewer

    • PM Tardily Rent Observe - 5 or More

Property Managers & Their Clients (podcast)

Staff Counsel Jon Haley talks nearly the impacts on property managers & their clients as a result of the COVID-xix pandemic in our latest Caveat REALTOR® podcast – click hither to listen.

Flash Survey

Find out how COVID-19 is impacting holding managers and landlords in the Republic by looking at the results from this week's COVID-19 Flash Survey.

https://www.virginiarealtors.org/2020/04/20/results-from-wink-survey-5-covid-19s-impact-on-property-managers/

Latest Downloads

  • PM Rent Alteration Asking  (You lot must be logged in to admission this PDF)
  • PM Rent Alteration Form  (You must exist logged in to access this PDF)

Q. Do you have to use the Rent Amending Request and/or the Rent Alteration Subpoena?

A. No, both of these forms are optional and are intended to be used when the landlord agrees to some amendment to the monthly rental payments during the pandemic.

Q. How does the Rent Amending Amendment work?

A. The Rent Amending Amendment is an subpoena to the lease that offers a lot of options. In the get-go numbered paragraph, the landlord and tenant concord to the catamenia during which the monthly hire volition exist altered. This includes a specific start and finish date. The second paragraph contains ii options: a flat-out reduction in monthly rent to a specific amount with the difference being waived; and an choice to change the payments in a number of ways including the frequency of payment, the payment amount, and how any missed rent payments will be fabricated upward.

The class as well requires the tenant to provide ongoing documentation of their need for adapted hire and an agreement that if the tenant fails to provide the documentation, or the documentation no longer shows a need for adjusted rent, then normal rent payments volition resume at the next monthly rent due date.

The form as well includes a statement that any modified rent is accepted with reservation, allowing the landlord to seek back rent in the event that the tenant fails to pay or comply with the understanding.

The grade also includes space for additional terms to allow you to customize the agreement to the needs of your tenant and landlord. This field could be used to include what documentation the tenant must provide, permit for a alter in frequency beyond weekly or monthly, or other terms agreed to.

Q. What documentation should the tenant provide to document their need?

A. The documentation will vary based on the detail tenant's circumstances. If the tenant works at a retail business impacted past the Executive Order closures, a alphabetic character from their manager or supervisor may suffice; however, if the tenant is an independent contractor or gig worker, documentation showing reduced commissions may exist more advisable. In full general, the documentation provided in the initial asking should exist sufficient to show an ongoing need.

What if the landlord wants to waive hire entirely for some or all of the pandemic?

That should be documented in an amendment to the charter. You can apply the Rent Alteration Amendment and put $0 in the adjusted monthly rent field. Alternatively, if the rent is waived for some, but not all, of the pandemic, the catamenia that the rent is waived could be noted in the other terms of the Hire Alteration Amendment class.

Q. Are you lot, your firm, and/or your agents potentially liable if a tenant contracts COVID-19 later you accept conducted some activeness in the abode (such every bit conducting a virtual showing or assuasive a contractor in to make a repair)?

A. First, nosotros believe that the potential for you to exist held liable in such a circumstance is very low. Nonetheless, to exist safe, we have drafted the post-obit "hold harmless" language that you can include in the Additional Terms section of your brokerage agreements.

  • In no event shall Banker, brokerage firm, or whatever agents or employees of the brokerage firm, be responsible for or liable for whatsoever claims arising out of the COVID-nineteen Pandemic; entry into the holding past Invited Parties, whatsoever person(southward) accompanying an Invited Party, or any agent or third party entering the property on an Invited Political party's behalf; or the availability of the property for showing or inspection. Tenant understands the risks associated with entering properties and/or assuasive others to enter their property during the COVID-19 Pandemic. Tenant releases, waives, discharges, and forever holds Broker, the brokerage house, and its agents and employees, individually and collectively, harmless from and against claims, damages, losses, and suits arising from or in any style connected with the Pandemic. Invited Parties includes, but Is not express to, potential buyers or tenants, agents, inspectors, contractors, appraisers, or other third-parties related to a real estate transaction.

Q. Do you accept to use the hold harmless language? If so, do you demand to go back and add this language into brokerage agreements that you've already entered into?

A. No, this language is non required. The take a chance of your liability in this circumstance is very low fifty-fifty without this additional language, but y'all can add it if it makes y'all experience safer. As such, yous do not demand to go back and add this language into previously ratified brokerage agreements or leases.

My tenant did not pay the rent. Can I still file an unlawful detainer? UPDATED half dozen/25/2020

Get-go on June 29, 2020, you may file an unlawful detainer for nonpayment of hire.

I already filed an unlawful detainer confronting my tenant for violating the lease and causing a threat to wellness and condom for other tenants. What happens now? UPDATED half dozen/25/20

Every bit of June 22, 2020 courts may resume hearing unlawful detainer deportment and issuing writs of eviction for matters unrelated to the failure to pay rent. Yous should check with the clerk of court in your jurisdiction to define the condition of your example. If you have questions about whether your court is open, scheduled hearing dates, or whatsoever new rules for attending hearings in person, you should contact your General District court.

Q. My tenant'southward charter is up, and he was supposed to move out this week or in the coming weeks. They are refusing to leave. What practice I do? UPDATED half dozen/25/2020

A. Property managers should communicate with their owners and consider how you volition handle tenant requests. The terms of your lease with the tenant still govern everyone's rights, obligations, and potential remedies during this national emergency. A tenant who does not vacate may be subject to legal activity, but whether a detail landlord is willing to pursue those remedies is ultimately up to that landlord. First on June 22, 2020, you may file an unlawful detainer for reasons unrelated to the nonpayment of rent, such as a tenant condign a holdover tenant. Offset on June 29, 2020, y'all may file an unlawful detainer for nonpayment of rent. Property managers should proceed to communicate with their owners and consider how you will handle tenant requests.

Q. Can we behave a video tour for the walkthrough at the end of the lease?

A. Yes, conducting a video-briefing type walkthrough would allow for a tenant who is concerned almost potential exposure to COVID-19. If the tenant will be participating in the walkthrough remotely, we suggest you go something in writing, confirming that they prefer to exist remote for the walkthrough.

Q. What happens in the instance where an order of possession was entered by a court on an unlawful detainer, the 10-day appeal period expired with no appeal existence perfected, and a writ of eviction was issued but has not been executed by the Sheriff, prior to the order declaring judicial emergency on March 16thursday?

A. Please have an honest conversation with your owners about the current situation and with your owners and tenants to identify businesslike solutions other than eviction for the immediate future equally we all deal with the bear upon of COVID-19. Under Virginia police, an lodge of possession entered by a approximate is skilful for half dozen months from the engagement of entry by a judge. A writ of eviction is good for 30 days but if the landlord allows a writ of eviction to elapse without execution by the Sheriff, the landlord may asking additional writs of eviction so long as one is requested prior to the expiration of 6 months from the date of entry by the judge. Allowing an existing writ of eviction to expire does non forestall the landlord from evicting the tenant, in the future, if satisfactory financial arrangements and payments are not made by the tenant with the landlord.

Q. What happens when my tenant cannot beget to keep utilities on pursuant to their obligation under the lease because of this crisis?

A. Many utility services are offer some sort of limited protection against terminating services during this public health crisis. In addition, the State Corporation Commission issued an order on Mon, March 16, 2020, prohibiting whatever utility cut-offs for at to the lowest degree sixty days. If tenants have questions on this outcome, they should contact their relevant utility provider.

Q. I manage a edifice with xv units and accept had tenants coming to me asking if anyone in the edifice has been diagnosed with COVID-nineteen. Can I answer this question? If I know of a verified diagnosis exercise I have to answer?

A. No. At this fourth dimension, an active COVID-19 diagnosis is non a required disclosure. A material adverse fact must pertain to the physical condition of the belongings, not the tenant residing there. At that place are also privacy issues that would likely prohibit such disclosure.

Q. I am trying to schedule the showing of a rental property, but the current tenant refuses to permit it based on wellness concerns. What do we do?

A. During this fourth dimension, it is appropriate to wait at other options. Perhaps a video walk-through of the property could exist used to bear witness to prospective tenants to decrease the corporeality of people walking through the occupied unit.

The terms of the landlord-tenant relationship, including access to the rental unit, are established through the lease and the provisions in the VRLTA. Most leases have a provision that allows the landlord to bring prospective tenants through the property under specific conditions. It is ultimately up to the landlord discretion to determine whether to push to enforce the provisions or to take some other approach. Should the landlord decide to move ahead, it is of import to have all appropriate health and safety measures to protect both the current and prospective tenants. Click here to run into the recommendations from the Center for Disease Control (CDC).

Q. My current tenant is exhibiting symptoms of COVID-19 and/or has been diagnosed. What responsibilities does the tenant have? What responsibilities does the landlord and/or the property manager take?

A. A sick tenant is responsible for taking all advised health and safety measures to maintain the property – including cleaning, sanitizing and the like – equally the tenant would exercise with whatever similar illness. Though the condition of a property based on the electric current tenant's illness may not exist the landlord's responsibility, the landlord may exist responsible for cleaning and sanitizing the property for a future tenant. Again, click here see the recommendations from the CDC.

Q. We are endmost down our holding direction part to the public for the next four weeks and would like to require all tenants to pay their rent online from now on. Tin we practise that?

A. If your charter or rules and regulations already allow this, and then yes. Under the VRLTA, you tin adopt a policy or rules and regulations to implement such a procedure. Y'all should be enlightened that in that location volition be tenants who exercise non take cyberspace access (and can no longer go to a public identify to obtain it) or the ability to do online cyberbanking. Accommodations should be made for these tenants such every bit a dropbox in a central location.

Q. As a property managing director, what is my responsibleness to clean a unit before a new tenant moves in? Tin can the tenant crave that I clean to a sure standard? What if I know the previous tenant was infected with COVID-19?

A. While there may be emergency standards established by a land government agency, none exists at the present time.  It is of import to use an accepted industry standard. Click here to see the recommendations from the CDC.

Q. I accept repairs and routine maintenance that demand to be washed on my rental habitation units, merely my vendors are backing out and tenants are nervous about letting people into their apartments. What do I do?

A. This is a good place to be proactive. If y'all do not have your own maintenance/repair professionals on staff, reach out to your third-political party vendors now and run across what their company policies are with respect to whether they will continue to work in the coming weeks. Line upwards a redundancy plan as needed. Communicate with your vendors about what their health and safety protocols are so that if the tenant asks, you tin provide that information. If you have a tenant that is refusing vendor access, work with the tenant as much every bit possible to postpone routine scheduled maintenance or stabilize the repair as needed.

Q. How exercise I apply for back-rent or additional rental aid?

A. The program is being administered through the Department of Housing and Customs Development (DHCD). Housing providers can access the awarding and discover out more information on the DHCD RRP website or the Housing Virginia Landlord Website.

Events Updates

Sales Tips & Suggestions (Updated March 3, 2022)

Social Media Advertisement

Staff Counsel Jon Haley discusses social media advertizement during the COVID-19 pandemic in our latest Caveat REALTOR® podcast – click here to listen.

Sales Tips & Suggestions

  • Talk to your clients most what their concerns are. Are they part of the vulnerable population? Do they have someone who is vulnerable living with them or that they interact with on a regular basis (and therefore they want to limit their exposure)? What are their priorities? What accommodations can/should you brand to assistance them with the transaction?
    • If the seller is concerned about exposure or is cocky-quarantining because of exposure or illness, discuss possible alternatives to an open house, such as you hosting online sessions where you lot walk through the business firm using video and answering questions for potential buyers. Alternatively, look at your MLS rules and consider irresolute the status of the listing to allow showings by appointment only or even to cease showings until a afterwards date. Talk to the seller about whether to take back up offers in the event that the buyer cannot perform due to complications related to the pandemic.
    • If a buyer is concerned about exposure, talk to them about the possibilities of you using Facetime or another video-telephone choice where yous tin "testify" them the property while they stay habitation. Talk to the buyer most what is and isn't required by the contract, especially related to access to the belongings and the property condition at settlement. If your heir-apparent wants or expects a deeper cleaning, that is something that likely needs to be specified in the contract itself.
    • Talk to all clients about what could happen if the other side cannot move at Settlement, or if there are larger industry impacts (courts closing, delays with lenders or other providers due to diminished staff). Consider an annex to the contract that delays settlement and/or essentially "pauses" the contract (and all contingency deadlines) for a number of days.
  • Talk to your settlement provider – are they able to do remote settlements? What plans practise they have in place to protect your clients?
    • You want to have early and frequent communications with your settlement agent to know what their plans are and what, if any, hiccups they may see coming downward the road.
  • One thing to keep in mind – communication with your clients and agents on the other side of the transaction can practise a lot to help manage expectations and continue transactions moving smoothly.

Housing Marketplace Impacts

For data on housing market conditions in Virginia, visit our Inquiry & Statistics webpage.

Broker-Specific FAQs (Updated March iii, 2022)

Q. Are you, your house, and/or your agents potentially liable if someone contracts COVID-19 after y'all have conducted some action in the habitation (such as showing information technology to a prospective buyer or attending a home inspection)?

A. Commencement, we believe that the potential for you to exist held liable in such a circumstance is very low. However, to be condom, we take drafted the following "concur harmless" language yous tin include in the Boosted Terms section of your brokerage agreements.

In no event shall broker, brokerage house, or whatever agents or employees of the brokerage firm, be responsible or liable for whatsoever claims arising out of the COVID-19 pandemic; entry into the property by invited parties, any person(s) accompanying an invited party, or any agent or third party entering the property on an invited party's behalf; or the availability of the property for showing or inspection. Client understands the risks associated with entering properties and/or allowing others to enter their property during the COVID-19 pandemic. Client releases, waives, discharges, and forever holds broker, the brokerage firm, and its agents and employees, individually and collectively, harmless from and against claims, damages, losses, and suits arising from or in any style connected with the pandemic. Invited parties includes, merely are not limited to, potential buyers or tenants, agents, inspectors, contractors, appraisers, or other tertiary parties related to a real estate transaction.

Q. Are you, your firm, and/or your agents potentially liable if a tenant contracts COVID-19 afterwards yous take conducted some activeness in the home (such as conducting a virtual showing or allowing a contractor in to make a repair)?

A. Offset, nosotros believe that the potential for you to exist held liable in such a circumstance is very low. Even so, to be prophylactic, nosotros take drafted the following "hold harmless" language that you tin can include in the Additional Terms department of your brokerage agreements.

  • In no event shall banker, brokerage house, or any agents or employees of the brokerage house, be responsible for or liable for any claims arising out of the COVID-19 pandemic; entry into the property past invited parties, any person(due south) accompanying an invited party, or any agent or tertiary political party entering the property on an invited party'due south behalf; or the availability of the belongings for showing or inspection. Tenant understands the risks associated with entering backdrop and/or assuasive others to enter their property during the COVID-nineteen pandemic. Tenant releases, waives, discharges, and forever holds broker, the brokerage firm, and its agents and employees, individually and collectively, harmless from and against claims, damages, losses, and suits arising from or in any mode connected with the pandemic. Invited parties includes, simply are not express to, potential buyers or tenants, agents, inspectors, contractors, appraisers, or other third parties related to a existent estate transaction.

Q. Do y'all have to use the hold harmless language? If so, practise you need to go dorsum and add this language into brokerage agreements that you've already entered into?

A. No, this language is not required. The run a risk of your liability in this circumstance is very low even without this boosted language, but you can add it if it makes you experience safer. As such, you do not need to become back and add this language into previously ratified brokerage agreements or leases.

Q. Is DPOR waiving the requirement that funds must exist deposited into an escrow business relationship inside five business banking days?

A. No, in that location accept been no changes to the laws and regulations related to depositing escrow funds. Because the regulations crave money to be deposited within 5 business banking days of receipt, unless otherwise agreed to by the purchaser and seller, we suggest you make sure that your contract (or COVID-19 Addendum) addresses this. For example, the Virginia REALTORS® Contract says that the real estate licensee will eolith the EMD inside 5 concern cyberbanking days of receipt. This means that if you never receive the check (because the buyer isn't able to ship it or your role is closed), yous are OK. Additionally, if yous employ the Virginia REALTORS® COVID-19 Addendum, information technology allows the parties to press "pause" and extend ALL deadlines until the COVID-19 condition is over. This means that if you practice accept the bank check and of a sudden are not able to eolith the check into your escrow account, your client can send detect to the other side to suspension all deadlines and give y'all more time to get the EMD deposited. If you are able to eolith the check, using mobile banking or another method, you should certainly practise then, as it will make keeping track of everything and getting your business up and running that much smoother one time things return to normal.

If yous are using a unlike contract or COVID-19 addendum, yous will need to look at the linguistic communication in your contract and annex to see if it addresses EMD or not. Attain out to your forms provider to meet if they accept additional language you can apply in the event that the contract or addendum do not address this issue.

Q. Where tin I find information on employees teleworking?

A. The Department of Labor has guidance on wage and pay requirements for hourly and total-time employees that come up to your office or piece of work from home hither: https://www.dol.gov/agencies/whd/flsa/pandemic

Q. Where can I observe NAR'due south guidance documents along with hot topics about how the industry is changing due to the coronavirus (COVID-19)?

A. NAR has a coronavirus landing folio. Click here to view.

Q. Every bit an employer, where can I find more than resources and guidance for employers?

A. NAR has released Coronavirus Resources and Guidance for Employers. The Virginia Department of Labor & Industry has also created.

Q. Where can I find CDC guidance for businesses and employers?

A. The Centers for Illness Control and Prevention has provided guidance.

Q. Volition Virginia REALTORS® release forms language to aid with new and pending transactions?

A. Yep, Virginia REALTORS® has created a new COVID-nineteen Addendum (Form 600 COVID) that can exist used in existing and new transactions.

Q. Practise yous have suggestions for budget-friendly and easy-to-use video conferencing options?

A. There are many options for online video conferencing. We suggest y'all take a look at Zoom, GoToMeeting, or FreeConference.

Q. If I take It issues and can't get a tech to come out, are there other alternatives?

A. Yeah. Virginia REALTORS® offers a free Tech Helpline service offering support for hardware, software, networking, and digital devices. Call 1-800-276-4216.

Sales FAQs (Updated March 3, 2022)

Q. Are yous, your firm, and/or your agents potentially liable if someone contracts COVID-nineteen afterwards you have conducted some activity in the home (such as showing information technology to a prospective heir-apparent or attending a dwelling inspection)?

A. First, we believe that the potential for yous to be held liable in such a circumstance is very low. However, to be safe, nosotros accept drafted the following "hold harmless" language that y'all can include in the Additional Terms department of your brokerage agreements.

In no effect shall Broker, brokerage firm, or whatsoever agents or employees of the brokerage firm, be responsible for or liable for whatsoever claims arising out of the COVID-19 Pandemic; entry into the property by Invited Parties, any person(s) accompanying an Invited Party, or any amanuensis or third party entering the property on an Invited Party'due south behalf; or the availability of the belongings for showing or inspection. Customer understands the risks associated with entering properties and/or allowing others to enter their property during the COVID-19 Pandemic. Client releases, waives, discharges, and forever holds Broker, the brokerage firm, and its agents and employees, individually and collectively, harmless from and against claims, damages, losses, and suits arising from or in any mode connected with the Pandemic. Invited Parties includes, but Is not limited to, potential buyers or tenants, agents, inspectors, contractors, appraisers, or other third-parties related to a real estate transaction.

Q. Practice yous have to apply the hold harmless linguistic communication? If so, practise yous need to go dorsum and add this linguistic communication into brokerage agreements that you've already entered into?

A. No, this language is non required. The adventure of your liability in this circumstance is very low fifty-fifty without this additional language, but yous can add it if information technology makes you feel safer. Every bit such, you do not demand to get back and add this linguistic communication into previously ratified brokerage agreements or leases.

Q. What can I do to protect myself if a buyer or tenant wants to write an offering on a property without viewing it in person?

A. Virginia REALTORS® offers a "Sight Unseen" form that tin be used if you have a buyer or tenant who wishes to write a contract or lease on a property they have non visited themselves. These forms have the buyer (600J) or tenant (200A) acknowledge that they have not been to the property, that pictures may be misleading, and they understand the risks associated with writing a binding contract on the property. These forms are available in the Virginia REALTORS® Forms Library and can exist used even if a virtual tour is available.

Q. Volition Virginia REALTORS® release forms language to assist with new and pending transactions?

A. Yes, Virginia REALTORS® has created a new COVID-19 Addendum (Form 600 COVID) that can exist used in existing and new transactions.

Q. Can I use the Virginia REALTORS® COVID-19 Addendum with a non-Virginia REALTORS® sales contract?

A. Yes, simply check that capitalized terms (such every bit Settlement Date and Deposit) practice not have different meanings in your contract. If there are differences, you tin can analyze any bug in the "Additional Terms" section by stating that "As used in this Addendum, Deposit means Earnest Coin Deposit in the Contract". Employ of "Heir-apparent" instead of "Purchaser" is not an issue since the class begins with defining that person.

Q. Is the Virginia REALTORS® COVID-xix Annex mandatory?

A. No, similar whatsoever other contingency, this document is non mandatory; however, getting this addendum signed early on will assist protect both parties should problems arise afterward in the transaction.

Q. What should I say if my seller asks why they should agree to the COVID-19 Annex?

A. We have received a number of hotline questions from listing agents who have sellers that are impacted. (They can't shut on their next house, they are now discipline to quarantine, etc.) This grade protects both parties by essentially pressing "pause" on the transaction for a menstruation of fourth dimension while things get figured out. While the form includes default timelines for the length of the "interruption" and how long the "suspension" tin can last in total, there are blanks that allow the parties to alter those defaults to suit their needs.

Q. Remote Notarization – What is it?

A. Virginia law allows for remote online notarization. Remote notarizations allow an electronic notary to use the internet to notarize a certificate. Though in that location are certain requirements and it is a different experience than a traditional face up-to-face endmost, this is a groovy example of things we tin can be utilizing, as an industry, to help do our role to flatten the curve.

If y'all are an agent, talk to your banker about whether or not they know of your settlement companies or closing attorneys apply it. If y'all are a broker, enquire your settlement company or closing attorney.

Q. Can I refuse to show houses to someone who has been in an surface area with higher numbers of COVID-nineteen cases?

A. NAR has provided guidance that says you may inquire all clients and potential clients if they have traveled recently or are showing signs of respiratory affliction; however, you want to make certain that yous ask ALL individuals the same question. Refusing to appoint with a client or potential client who may be at risk could lead to a potential off-white housing complaint. If yous are concerned about exposure, y'all can ever have additional precautions if your client has recently traveled to a location where there is higher chance of exposure.

Q. Tin can my seller refuse to allow access to their house?

A. It depends. If the business firm is not under contract, the seller can restrict access to their firm, merely it needs to exist done in a uniform fashion to prevent fair housing allegations. If your seller has concerns about exposure to Coronavirus, consider withdrawing the property or check your local MLS rules regarding no access to listed property. If the house is already under contract, the seller must allow access as chosen for in the contract. This typically includes inspectors, appraisers, and a few others. The seller does not take to grant access beyond what is called for in the contract (for example, the seller does not take to allow the buyer into the holding to measure for furniture or drapes unless specifically stated in the contract).

Q. Can my seller demand I hold open houses?

A. This will depend on the terms of your listing agreement. The Virginia REALTORS® Listing Agreement (Class 400) does not specifically require the banker to concord open houses. Grade 400 says the broker will "make commercially reasonable efforts" to obtain a buyer and that the seller authorizes the broker to "take all appropriate activity to bring virtually a sale of the property." If you are using a different form or have added language that says you will hold open up houses, yous will need to abide past the agreement.

Q. Tin a buyer (or seller) terminate a contract because of Coronavirus?

A. There is null in the Virginia REALTORS® Sales Contract (Class 600) that would give either political party the correct to end because of Coronavirus. It is possible that the contract may be terminated under a different provision – for example, if a HOA office is closed and cannot provide the HOA packet, the heir-apparent would exist able to terminate.

Q. What happens if a buyer is unable to attend settlement because they are quarantined?

A. If the settlement agent is able to perform electronic (remote) settlements, settlement tin withal occur, even if the buyer is non able to be in that location in person. Speak with your settlement service provider about how this could touch your transaction.

Q. What happens if a seller cannot move out of the house because they are quarantined?

A. As soon as y'all become aware that this is a possibility, both agents should talk to their clients about the possibility of a post-settlement occupancy understanding. If a seller is under medically required quarantine, it's unclear how courts would rule nigh the contractual obligation to deliver possession at settlement.

Q. Does the seller have to do a deeper clean when they motility out, prior to settlement?

A. Most contracts in Virginia require the seller to deliver the property in "broom clean" condition. Without boosted language in the contract, there is currently no requirement that the seller do any further cleaning before delivering possession of the belongings. If the buyer would like a deeper cleaning of the property, that should be negotiated and included as a term of the contract.

Q. If I hold an open house and someone who is sick comes through, am I liable if my seller or another person coming through the house gets sick?

A. It is unlikely that you lot volition liable if someone gets ill from an open firm. Yous tin can limit your run a risk by not belongings an open house if the seller has been exposed or is showing symptoms of illness; asking people who attend the open house if they take been exposed or are showing symptoms of illness to take precautions or attend a dissimilar day or about; and reminding everyone to take precautions to limit their exposure and exposure of others.

Q. What can I do to minimize risk while holding an open firm?

  • Have all individuals who enter immediately wash their hands or utilize manus sanitizer.
  • Take lots of extra pens and permit each person who signs in to use one pen that they and so keep or yous sanitize before another person uses.
  • Inquire people for their names and contact information that you write down or record on your electronic device
  • Open all doors prior to the start of the open business firm and then that people tin walk around the business firm without touching door knobs
  • Have paper towels near sinks in the issue someone wants to turn a sink on/off.
  • Restrict the number of people in the house at any given time to ensure that people can maintain the recommended 6 foot altitude

Q. What if a buyer cannot get inspections during the inspection period because he or she is unable to schedule a qualified inspector? Or if a home possessor is unable to get contractors to make the negotiated repairs?

A. Speak with your client virtually this possibility that dwelling inspectors may be unwilling or unable to perform inspections during this menstruation or that contractors may be unwilling or unable to perform repairs. Piece of work that linguistic communication into your offer, or, if you are already under contract, work with the parties to negotiate an amendment to the Home Inspection Contingency Addendum.

Q. What if a heir-apparent can no longer obtain financing because of changes in income or employment?

A. The contract addresses what happens when the seller cannot obtain financing in the financing contingency and does not provide an exception for unemployment due to a pandemic.

Forms FAQs (Updated March 3, 2022)

Using the Virginia REALTORS® COVID-19 Sales Annex

Nosotros've gotten a number of questions nearly the differences between the Virginia REALTORS® COVID-nineteen Addendum and the addenda created by other forms providers, and then nosotros'd like to answer some of the well-nigh common ones.

We want to start by saying that, under normal circumstances, we don't encourage the mixing and matching of addenda with contracts written by unlike forms providers; still, in the current COVID-xix environment, our highest priority is protecting the interests of your clients. Because the diverse addenda being created do a few different things, we encourage you to use the i that best addresses your clients' circumstances.

Beneath, we provide guidance that is specific to the COVID-nineteen addenda that are being released past the various forms providers.

Q. Exercise you lot have to utilise an addendum?

A. No, just if your client has concerns, take them speak with an attorney. An addendum addressing the dubiety created by the COVID-19 pandemic will help the parties to sympathise their rights and options under the contract as this situation continues to evolve.

Q. What happens if you don't use an addendum or one party refuses to sign an extension or addendum?

A. Without the addendum, the parties remain obligated to perform under the contract equally written. It is possible that one party could allege that the not-performing party is in default of the contract; withal, Virginia contract police force has a concept called "impossibility." Essentially, if it becomes impossible for 1 party to complete their end of the deal through no fault of their own, they will non be obligated to complete the contract.

Q. If you are already protected by contract impossibility, why do you demand an annex?

A. While the common police often provides answers for nearly situations, it involves going to court to fight over issues that tin can oft be addressed more than easily in the contract. Additionally, using an annex allows the parties to ready expectations and agree to certain terms upward front, including the ability to end the contract at some point. If you rely on the concept of impossibility, the status of the contract, and the property, could remain in limbo for weeks or even months. Additionally, the EMD will have to be held in escrow until in that location is a signed release or a court order, significant the buyer'due south money could be tied upwardly for months.

Q. Practice you have to use one of the addenda created by an association?

A. While the constabulary doesn't require you lot to use a particular form, be aware that most E&O insurance policies will merely comprehend transactions that apply forms drafted past an attorney or trade clan. Earlier y'all draft language yourself, make sure you talk to your broker and cheque your E&O policy. Additionally, drafting significant language for a transaction starts to cantankerous the line into practicing police force without a license.

Q. What does the Virginia REALTORS® Addendum do?

A. The Virginia REALTORS® Addendum works to keep the contract live. It can exist signed when the contract is ratified as part of the initial contract or after contract ratification in the event that an issue arises later. The Virginia REALTORS® Addendum creates a mechanism where, should a complication related to COVID-xix ascend, either political party can ship written discover to the other, essentially hitting the "interruption" button on everything in the contract until a set up number of days after the triggering effect ends. There is also a maximum number of days the contract will be paused before either party can cease the contract. Finally, it allows for either party to cease the contract if the COVID-19 condition extends beyond an agreed upon number of days.

COVID-19 Sales Contract Annex

Annex for sales contracts incorporating the bear on of COVID-19 on existent manor transactions. Notation: Y'all must be logged in to access this PDF.

COVID-19 Annex

Coronavirus Questions?

COVID-19 Links