A few interesting showing questions came up this week: “My seller is uncomfortable with the buyers from another state being present in their home during a lengthy home inspection. Can we limit attendance to only the home inspector?” The state legal counsel says that the seller can make reasonable demands about how people will conduct themselves at the property (no hands / masks / gloves / booties and the like) and limit the number who access the interior at one time (especially limited to principals to the purchase), but the Purchase and Sale affords buyers with the right to be present and inspect the premises. They have a right to see and examine the home to determine suitability during their inspection period. Our P&S (Purchase and Sale) reads: “The BUYER and BUYER’s consultants shall have the right of access to the Property for the purpose of conducting a home inspection, at reasonable times, upon twenty-four (24) hours advance notice to the SELLER’s Agent.” It’s better for the listing agent to talk with the seller about establishing measures that they require to ensure the home to be inspected safely.
If I am working with buyers who I believe did not properly quarantine from entering another state, what do I do? We have been told that you are not the police for the Governor’s orders, but you should make sure your clients know about them so they can safely follow those directives (now, fines are at stake!). To assist, we created (and updated) a COVID information flyer. You can use to help clarify these mandates. You must refer to your broker / brokerage legal counsel in determining what you should do in the event that you have concerns about a specific client relationship, and how best to protect yourself and your other clients when working face-to-face.