Employees are working from home. In today’s digital age, we are able to continue to take calls (although, please be patient when calling in) and continue to be available for live chat during business hours (Monday through Friday 8am-5pm MST).
Our classes continue in webinar format. Please refer to our training calendar for learning opportunities.
This page is to provide resources for our subscribers. Information is changing daily; we will strive to keep this page current as it relates to your business. The following information may be sourced from REALTOR® organizations, but the information is applicable to all real estate professionals, regardless of REALTOR® affiliation.
Be well. Stay distanced. We’re here for you.
12/17/2020 Licensee Alert: Compliance with COVID-19 Public Health Orders and Executive Orders
The Division of Real Estate (the “Division”) licenses and regulates the real estate brokerage, appraisal and mortgage loan origination industries. The Division is responsible for ensuring that consumers are protected in their dealings with our licensed professionals.
While we are extremely appreciative of the licensed professionals who have continued to comply with the Colorado Public Health Orders (“PHOs”) and the Governor’s Executive Orders regarding COVID-19 requirements and restrictions, we continue to receive complaints about licensed real estate professionals who are failing to comply with the PHOs and the Governor’s Executive Orders. As the Governor has reiterated before, Coloradans working together saves lives and keeps our economy open.
For the past nine months, the Division has issued warnings to those licensees who have violated the PHOs and Executive Orders. Moving forward, substantiated violations of the PHOs and Executive Orders will be presented to the applicable Board or Commission for the possible imposition of discipline. Licensee compliance with the PHOs and the Executive Orders is critical to the health and safety of Colorado consumers.
Currently much of Colorado is in the “Level Red” status and guidance for real estate professionals can be found under the Real Estate COVID-19 Dial Guidance. For additional information on what status level your county is in, you can visit the Colorado COVID-19 Dial Dashboard.
11/19/2020: No Open Houses In Red Dial Areas and Counties
CAR General Counsel Scott Peterson gives an update on Covid-19 restrictions and Real Estate in Colorado as of November 19, 2020, which includes no open-houses starting November 20, 2020, in red-dial areas.
- State of Colorado COVID-19 Dial Dashboard
- Public Health Order (11/17/20)
- CAR Letter to Governor Polis
09/02/2020: Eviction Moratorium Executive Order Issued:
Colorado Association of REALTORS® Communique on the Eviction Moratorium Executive Order
As everyone is aware, the CDC has released an Executive Order placing a moratorium on all evictions through the end of 2020 (see the Executive Order Here). In short, this moratorium creates a number of issues and questions that NAR and coalition partners are working to find answers to.
As of now, NAR has released a statement explaining the chaos the Order will cause and calling on Congress to take swift action regarding emergency rental assistance programs for housing providers. See NAR’s Statement Here
Because this is a Federal issue, members should direct their questions to NAR at this time. CAR will continue to share additional information as it becomes available.
04/23/2020: Boulder County Extends Stay At Home Order through May 8, 2020
Pursuant to the statutory authority granted the Executive Director of BCPH, the following is ordered:
1. All persons and businesses in Boulder County are ordered to continue abiding by the requirements of Colorado’s Stay-At-Home Orders through midnight on May 8, 2020, even though those orders as issued by the State would otherwise expire on April 26, 2020. By this Order, I hereby adopt all terms and conditions of Colorado’s Stay-At-Home Orders, Executive Order D 2020-024 and Public Health Order 20-24 as updated, as set forth therein, with one limited exception as noted in Paragraph 2 below.
04/21/2020 CAR Legal Counsel Speaks to Safer At Home
Department of Regulatory Agencies Division of Real Estate Guidance: Practicing Real Estate During a Pandemic
Colorado Department of Regulatory Agencies sent this bulletin at 04/09/2020 11:34 AM MDT
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.
CAR COVID-19 Update: Stay at Home Order and Essential Services Interpretation
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.
COLORADO SECRETARY OF STATE’S OFFICE IMPLEMENTS REMOTE NOTARIZATION
After working closely with the Governor’s office, stakeholders, and the legal community, the Colorado Secretary of State’s Office has implemented a remote notarization process.
For the Notice of Temporary Adoption for the Colorado Notary Program Rules (8 CCR 1505-11), please click here. The notice includes the adopted rules, a statement of basis, and statement of justification. For an unofficial copy of the notary rules as adopted and effective 3/30/2020, please click here. If you have any questions concerning these rules please email firstname.lastname@example.org or email@example.com.
For more information, please visit www.sos.state.co.us.
Colorado state-wide stay-at-home order Issued:
Effective 6:00am Thursday March 26, 2020 through Sunday April 26, 2020.
FIRST AND FOREMOST: Please speak with your managing broker for office guidelines and policies related to COVID-19.
The following information may be sourced from REALTOR® organizations, but the information is applicable to all real estate professionals, regardless of REALTOR® affiliation.
National Association of REALTORS® Resources:
Coronavirus: A Guide for REALTORS® This page is available for all real estate professionals, not just REALTORS®.
- General Guidance During COVID-19
- Open House Guidance During COVID-19
- Transaction Guidance During COVID-19
The coronavirus pandemic continues to impact the real estate industry. Everything, from brokerage operations to how listings are being marketed and the ability to close transactions, is requiring REALTORS® to adapt to these extraordinary circumstances. The National Association of REALTORS® (NAR) understands that these unprecedented circumstances are impacting our members’ ability to conduct their businesses. Our members’ success and ability to navigate these uncertain times are paramount to NAR, and we are providing this guidance to help address some of the common transactional issues we are hearing about.
This guidance will be continually updated based on current directives from the WHO, the CDC and the White House, and we encourage all members to stay informed by regularly visiting the CDC’s website(link is external), and to comply with local and state government orders regarding coronavirus-related restrictions.
As always, we are here to support you and see you through this crisis. Thank you for your membership, and we are stronger together!
Colorado Association of REALTORS® Resources:
Colorado REALTOR® COVID-19 Information Portal This page is available for all real estate professionals, not just REALTORS®.
Emergency Covid-19 Contract Addendum This form is currently available on the start screen of IRESis.com; we’re working quickly to get it incorporated into our contracts module, as well.
CAR has worked with the Colorado Bar Association in the creation of an approved addendum to the Commission-approved Contract to Buy and Sell Real Estate to address the practical implications of Covid-19. The addendum addresses real estate transactions that are impacted and/or delayed by shutdowns of title offices, government agencies, lenders and/or appraisers; and real estate transactions that are impacted and/or delayed by mandatory or voluntary quarantines.
Small Business Resources:
Colorado small businesses impacted by COVID-19 can seek individual small business loans up to $2M as part of the Small Business Administration’s Economic Injury Disaster Loan program. Small businesses throughout all 64 counties may seek SBA Economic Injury Disaster Loans. Governor Jared Polis announced that Colorado’s application for federal disaster area designation has been approved.
To learn more about the application process, please visit the SBA website. If you need support in navigating the application process, please visit the Colorado Small Business Development Center COVID-19 website. We also have a hotline for small business owners to call with questions about how to apply: (303) 860-5881.
CO HELP: COVID-19 Hotline
For answers in many languages including English, Spanish (Español), Mandarin (普通话), and more:
- Call 303-389-1687 or 1-877-462-2911
• Email COHELP@RMPDC.org
If you have symptoms and think you have been exposed, call a health care provider.
Sources for Public Health Information
- State public health web page: https://www.colorado.gov/pacific/cdphe/2019-novel-coronavirus
• Facebook (facebook.com/CDPHE) and Twitter (@CDPHE)
• CDC web page https://www.cdc.gov/coronavirus/2019-nCoV/
To review the facts, please see the Colorado Department of Public Health and Environment’s (CDPHE) Fact Sheet.
For public health management:
- The Center for Disease Control has established exposure risk categories to help guide public health management of people following potential exposure to COVID-19.
• CDPHE has resources for local public health agencies and health care providers
State of Colorado Resources:
The Division of Real Estate has received numerous inquiries from real estate brokers and homeowners concerning the showing of homes and conducting open houses at this time while COVID-19 is spreading. We have seen state-wide Public Health Order 20-23 limiting mass gatherings to no more than ten (10) people, Executive Order D 2020 013 mandating the reduction of in-person work requirements by at least 50 percent for non-essential businesses, and “Stay-at-Home” orders in Denver, Boulder, and other counties further limiting the ability of parties, including notaries, to appear in person for closings.
There are many resources available for you and your clients to consider before showing a home, and prior to having a conversation about conducting an open house at this time.
- The Colorado Department of Public Health and Environment (CDPHE) and the State Emergency Operation Center (EOC) have issued public health orders for social distancing and recommendations for businesses.
- National Association of Realtors® (NAR), has developed a Q&A concerning this issue.
- The City of Denver has issued a “Stay-at-Home” Order effective Tuesday, March 24, 2020, until April 10, 2020, unless extended.
- The City of Boulder has issued a “Stay-at-Home” Order effective March 24, 2020, until April 10, 2020, unless extended.
- Pitkin County Public Health has issued a “Stay-at-Home” Order that includes all cities and towns within the county, effective March 23, 2020, until April 17, 2020, unless extended.
Many other Colorado cities and counties may be considering placing similar restrictions on businesses and residents in the near future.
Real estate professionals and homeowners should follow any emergency rules or orders in effect for the county and city where they are contemplating holding an open house. Real estate brokers have an obligation to exercise reasonable skill and care and should adhere to best practices to protect the general public, their clients, and themselves during this time of uncertainty