Updated 04/29/2020 2:00pm
The AAR Offices and Building will be closed until at least April 30, watch AAR newsletter bulletins and social media for any updates. We are working remotely, but we are in this together.
We encourage all REALTORS® to refer to NAR’s Coronavirus Guidance for REALTORS® for recommendations on safe practice during this time.
CLICK HERE for NAR Coronavirus Guidance for REALTORS®
CLICK HERE for NAR Coronavirus: Resources for Property Owners
04/28/20 Colorado Real Estate Attorney, Damian Cox, provides an Update regarding Local and County Safer At Home and Stay at Home orders
This is a recording of a Zoom meeting Damian Cox held on 04/28/20. The link will take you to a Zoom registration page, once you are registered the recording will begin. CLICK HERE to Register and View
Damian references the Colorado Public Health Order 20-28. The document can be found HERE.
04/27/20 Update from CAR’s Scott Peterson on Local and County Government Orders for Safer at Home
04/21/20 Colorado Governor Announces “Safer At Home” – Scott Peterson Updates Us with a new Legal Bite
04/17/20 Colorado Division of Real Estate Director Marcia Waters Joins AAR Members for Virtual Meeting
Colorado Division of Real Estate Director, Marcia Waters, joined us for our Virtual Weekly Marketing Meeting on April 17, 2020. Marcia shared some insightful information regarding the current Colorado Stay at Home orders and its affects on the Real Estate Industry. All information deemed accurate and reliable as of April 17, 2020.
NAR announces appraisals could be postponed up to 120 days after closing
Joseph M. Ventrone, Vice President, Federal Policy and Industry Relations, NAR
Banks will soon be able to postpone some appraisals until 120 days after a mortgage closes. Citing the need to “extend financing to creditworthy households and businesses quickly in the wake of the national emergency declared in connection with COVID-19,” a trio of federal banking regulators announced Tuesday evening that banks will soon be able to delay getting an appraisal on a property for as many as 120 days after a mortgage closes. Want the whole scoop? Click here.
04/09/20 DORA – Division of Real Estate – Guidance on Real Estate Practices During a PandemicDRE - Guidance on Real Estate Practices During a Pandemic
04/09/20 CAR COVID-19 UPDATED Guidance on Real Estate Critical Business in Colorado
04/08/20 5:30pm CAR COVID-19 Update: Clarity on Real Estate as Essential Business
We understand that the last 36 hours has resulted in a lot of confusion for real estate practitioners in Colorado regarding exactly which functions of a transaction are permitted under the state’s interpretation of essential services. The Colorado Association of REALTORS® continues to actively work to obtain clarification based not only on recent guidance issued by the Attorney General’s office, but also on statements made during today’s press conference held by Governor Polis.
CAR has always advocated for both members and property owners and believes the constricted interpretation provided by the Attorney General’s office would prove perilous for home buyers and sellers who may not be able to complete real estate transactions that are in process, potentially creating additional hardships for families who have already been broadly negatively impacted by this pandemic. We believe that processes required to complete real estate transactions can be accomplished safely and in compliance with the Social Distancing Requirements set forth in the Third Updated Public Health Order 20-24.
Earlier today, CAR worked with partners in the real estate industry to send a stakeholder letter to the Governor’s office respectfully requesting that real estate related services be clarified to include any critical aspect of the real estate transaction such as property inspection, final walkthroughs and showings if they can be done with virtual technology that would not violate the social distancing precautions under the shelter in place requirements recently extended to April 26th.
While we do not yet have clear guidance to offer our members, we wanted to let Colorado REALTORS® know what we have been doing in the midst of this confusion and that we are currently waiting for clarification from both the Governor’s Office and the Attorney General’s Office on exactly which parts of a real estate transaction will be permitted under the current stay at home order.
As we have for nearly 100 years, CAR is still fighting for you – we haven’t given up. We’re still looking for solutions that will keep the community safe while also allowing members to transact and consumers to buy and sell real estate. We hope to gain further understanding within the next day or so, but we are asking for members’ patience as we work to clarify these orders.
No matter how difficult the situation is, the Colorado REALTOR® family stands strong. We want to thank you for your patience and understanding. We will make it through this unprecedented time together and emerge stronger advocates for our industry and communities.
04/06/20 CAR Legal Counsel, Scott Peterson, on Colorado Attorney General instructions regarding showings.
04/06/20 6:25pm Colorado AG issues instructions on residential home showings!
CAR COVID-19 Update: Stay at Home order and Essential Services Interpretation
With the continually evolving COVID-19 circumstances that are impacting all of our personal and professional lives, the Colorado Association of REALTORS® staff and leadership team are committed to providing you with timely, factual information throughout this crisis.
CAR has been in communication with the Attorney General’s office and has learned that the Third Updated Public Health Order 20-24 that was issued in conjunction with the Stay at Home order (Executive Order D 2020 017) does not consider in-person showings and open houses to be a critical business/service. According to the Attorney General’s office, only real estate transactions that actually transfer real property ownership (Closings) are permissible and even they must comply with the Social Distancing Requirements set forth in the Health Order.
We are expecting further and more detailed interpretation and guidance as well as potential restrictions on business activities across a wide range of sectors, including real estate activities and other services previously mentioned under existing orders from the state Attorney General’s Office. We are working to more specifically clarify an interpretation of approved real estate activities that, according to the Attorney General, could potentially expand public risk and exposure.
In the coming hours, we’re also anticipating additional information from the Governor’s office and Attorney General regarding the statewide stay-at-home order and the impact of some of the critical businesses mentioned in the Governor’s Order. In addition, we have solicited guidance from the Division of Real Estate with regard to the Attorney General’s interpretation.
Having successfully lobbied on your behalf to ensure the inclusion of some real estate in the Governor’s list of approved essential services, we are equally motivated to do our part and adhere to the mandates of the government, healthcare and other experts who are calling upon us all to do our part to help reduce the spread of Covid-19 and the risk to the public. We are focused on protecting you and your businesses, while we are equally focused on doing everything we can to help be a part of the solution and to help save lives.
Once we are able to hear and read any forthcoming updates from the Governor and the Attorney General’s office in the days ahead, we will evaluate and interpret that information and share pertinent changes to our industry practices with you.
Thank you for all that you have done and continue to do in support of our industry, your fellow members, clients, neighbors, and communities as we continue to navigate through this rapidly moving and unprecedented challenge.
04/04/20 10:30am SBA CARES Act – what does it mean for REALTORS®? NAR Releases FAQs to help REALTORS®
We know many of you have been interested in the SBA CARES Act, and what it means for REALTORS®. Check out our updated FAQ page for more details on who is eligible and how to apply: http://ow.ly/uDMM50z5lc8
03/30/20 9:15am Colorado Secretary of State’s Office to Implement Remote Notarization
After working closely with the Governor’s office, stakeholders, and the legal community, the Colorado Secretary of State’s Office will implement a remote notarization process. Remote notarization will assist Coloradans and businesses during the COVID-19 pandemic.
“We are committed to maintaining important services for Coloradans during this national health crisis,” said Secretary of State Jena Griswold. “Remote notarization will enable Coloradans and businesses continued access to notary services while observing the social distancing guidelines that keep us all safe.”
Governor Polis issued an Executive Order today, which states in part: “Pursuant to the authority vested in the Governor of the State of Colorado and, in particular, pursuant to Article IV, Section 2 of the Colorado Constitution and the relevant portions of the Colorado Disaster Emergency Act, C.R.S. § 24-33.5-701 et seq. (Act), I, Jared Polis, Governor of the State of Colorado, hereby issue this Executive Order ordering the temporary suspension of the personal appearance requirement before notarial officers to perform notarizations due to the presence of coronavirus disease 2019 (COVID-19) in Colorado.”
Secretary Griswold will issue emergency rules on Monday, setting forth the procedures and requirements for remote notarization in Colorado during this state of emergency. These rules will address implementation of the remote notarization process while including protections against identity theft and fraud.
For more information, please visit www.sos.state.co.us.
03/27/20 12:00pm Congress Clears Coronavirus Rescue Bill Filled with REALTOR® Benefits
The U.S. House of Representatives passed a historic $2.2 trillion COVID-19 rescue package Friday, sending it to President Trump for his signature.
The bill contains numerous benefits for REALTORS® that NAR fought hard for during the past three weeks, including unemployment eligibility for the self-employed and independent contractors; unprecedented aid for small businesses; and a delay in business payroll tax payments.
NAR has compiled a comprehensive guide to all benefits for REALTORS® and their customers found in this legislation.
“This bill will go a long way to help people through these next weeks until the economy can open up again,” said Shannon McGahn, senior vice president of government affairs for NAR. “This is the third and largest rescue package to-date, and we are already working with Congressional leaders on round four.”
“The real estate industry supports nearly 10 million jobs in the United States and makes up 17% of our economy,” McGahn continued. “Congress understands that a strong housing market will lead the economic recovery.”
12:31pm Updated Public Health Order: Colorado to Include Real Estate as Critical Business
Diligence has paid off! Thank you Colorado Association of REALTORS®. Please see the attached statement from CAR: bit.ly/RECriticalBiz
11:45am STAY TUNED! The Colorado Association of REALTORS® is working hard to have the Governor of Colorado include Real Estate as Essential Service.
10:20am Update: From CAR & REcolorado
Open Houses Temporarily Disabled in REcolorado Matrix
To make certain we are supporting our subscribers’ businesses, while also doing our part to protect their health and safety, the REcolorado Executive team, with the support of the REcolorado Board of Directors, has decided to temporarily disable Open Houses in REcolorado Matrix beginning today.
Last week we started preparing for the possibility of suspending Open Houses so we would be ready when the time was right. With the recent developments, including the state-wide Stay-At-Home order, Real Estate being designated as an “essential service” in the city and county of Denver, and CoreLogic’s ability to support the adjustment, we decided the time is now.
We will send communications to all REcolorado subscribers later today, promote the Open Houses Temporarily Disabled post that is on the REcolorado Professionals Blog using our various communications channels, and send an email message to all subscribers who currently have Open Houses in REcolorado Matrix to make them aware of the change.
Information is vital during these unprecedented times. We’ll continue to post timely and relevant content to the REcolorado Professionals Blog, including resources for promoting listings from a safe distance and more. Please help us get the word out by sharing our messages and social media posts and posting links to information on our blog.
On behalf of the REcolorado Team, we want you to know how much we appreciate your support. We look forward to the day we can let our customers know Open Houses are back.
CAR Legal Counsel Addresses Whether Real Estate is an “Essential Service” after Colorado Governor declares Shelter in Place Order
At this time, it is very clear that real estate is NOT currently considered a “critical” (“essential”) business under the Governor’s Executive Order from late yesterday. CAR is – and has been – working hard to have real estate added.
A couple of quick, important points I would like to make:
- The state EO supersedes any local/municipal orders that were previously put into place.
- Real estate brokers are NOT a “financial service”
- Effective immediately, real estate brokers should not be performing any brokerage services outside of their own residences.
- Brokers should be consulting closely with their clients and working to immediately implement the new COVID Addendum on existing or new contracts.
- I might encourage your respective MLSs to suspend the scheduling of showings on active listings (at least scheduling THROUGH the MLS platform). I believe it is important to NOT facilitate the breach of the current EO by brokers, sellers & buyers.
Scott Peterson, Esq.; Colorado Association of REALTORS® General Counsel
PREVIOUS NEWS RELEASES
COVID-19 Addendum now available!
CAR has worked with the Colorado Bar Association to create an approved addendum to the Contract to Buy and Sell that addresses real estate transactions affected by implications of COVID-19. To access the COVID-19 Addendum, click here . For information about the addendum, watch the new Legal Bites that was just recorded by Scott Peterson.
Real Estate an Essential Service in Adams, Arapahoe, Denver, Douglas and Jefferson Counties
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