Pretty much every independent contractor agreement will contain a provision requiring the contractor to follow relevant laws and regulations. "They need to see; they need to smell the house.”, » READ MORE: Coronavirus delays Philadelphia’s busy spring housing market. Translated: It is not going to be OK to put up a sign but ignore those who don't wear masks, or to just say "OK" the first time someone says they won't wear one. Any of that work, however, should be limited to the absolute minimum number of people for the absolute minimum amount of time, with the absolute minimum amount of interaction. If a PA resident leaves the state for more than 24 hours and isn't covered by one of the exceptions, the testing/quarantine rules will apply. Based on the many requests from members for answers to their eligibility for PUA, PAR forwarded the some of the most common questions received via social member and through PAR’s Legal Hotline. Is real estate an "essential business" in Pennsylvania? (6/12) Pension, retirement, annuity or similar payments are generally deducted from unemployment compensation benefits, if the base year employer maintained or contributed to the pension/retirement plan. 1/5/2021) There is no real estate-specific restriction on the number of people who can attend an in-person activity at a property, but existing orders (and common sense) reflect several factors that agents should consider. This document is a mix of mandates and suggestions, so read carefully to distinguish the "must" (mandatory) items from the "should" (voluntary best practice) items. My broker is instructing me on what in-person services I can and cannot offer clients. However, if the work is limited because of a COVID-19 related reason as outlined in the guidance, that is an acceptable reason for full or partial PUA benefits. Pennsylvania has issued over a dozen new orders and advisories between last week and this week and though none of those orders specifically target real estate, PAR’s legal team outlines how several will impact your daily practice to varying degrees. This order and others generally require masks to be worn in any business, as well. Many provisions also have links to the underlying state orders or other relevant resources, so many questions about that document can be answered by using those links. Likewise, it was recommended that if you sent an email, don’t call. Landlords can get more information on the Federal ban through a CDC FAQ, but because of the complexity of this issue should consult with counsel prior to pursuing any potential eviction proceedings. 11/25/2020) On May 6, a waiver was issued that allows real estate schools to offer live-streamed content for broker education courses. (rev. A number of warning letters have been sent to brokers, and we are aware that there are some ongoing disciplinary cases in the pipeline. The exception in the order applies only to Pennsylvania residents who visit a neighboring state for 24 hours or less and then return. 44 STRAYER DRIVE. Pennsylvania Open House Listings Browse available open houses today and coming up this week in Pennsylvania and take a first look at ... $300,000 / 4 Beds, 2 Baths JUSTIN HOVETTER. (6/12) Generally, if an individual is called by an employer to return to work and one fails to return to work, they would be deemed ineligible for benefits. Also, for PUA, you must be unemployed for COVID-19 related reason, as outlined in the U.S. Department of Labor PUA guidelines. All PAR forms are available through our licensed electronic forms vendors. 1/5/2021) Yes. which are not set or steady for Realtors®. © 2021 The Philadelphia Inquirer, LLC Terms of Use/Privacy Policy/California Notice California residents do not sell my data request. As stated in HIPAA, and explained by the U.S. Department of Health & Human Services, HIPAA requirements apply only to certain “covered entities”, which include health care providers, health plans, health care clearinghouses and “business associates” of those entities that are providing services related to those functions. Generally, individuals will receive two types of determinations: a financial determination and a factual determination. (rev. For example, healthcare is clearly essential in general, but many elective surgeries can be delayed, and certain routine doctor visits can be postponed or done virtually with little downside. We have been told that the state is not engaging in any random "testing" of brokers or agents by calling to see if they will agree to violate the existing orders. For a more detailed explanation of the form PAR members can download the Guidelines for Preparation and Use. As currently written, the testing/quarantine rules apply to any out-of-state traveler coming into Pennsylvania unless they're under one of the listed exceptions, and buying property is not one of those exceptions. For example, encourage buyer clients to spend some time with pre-recorded virtual tours (if available) or suggest a virtual showing facilited by an agent before they decide to visit the property in-person. Agents may need to go in to collect time-sensitive mail or for specific transactional-related purposes. The newest mitigation and enforcement order (effective November 27, 2020) says that businesses are responsible for enforcing this mandate, and that those who do are provided with a limited immunity from the state. Self-employed individuals and independent contractors can apply for Pandemic Unemployment Assistance through the PA Department of Labor & Industry. Though PAR will not announce every revision, updated items will be marked with a revision date so you can be sure you have the most current version. PAR’s listing and buyer agency contracts all set specific end dates. How many people can be in a property for a showing, inspection, etc.? If your clients are unwilling or unable to use an existing attorney-drafted form you should refer the client(s) to private counsel for legal advice. Realtors® have always had to qualify under one of these criteria, though the form previously didn’t ask applicants to specify which applies to them. Carlisle, PA 17013. Contact your local Realtor®-association school for additional information on course availability. If the W-2 job is not the primary source of income, and the Realtor® job is the primary source of income, the individual should file for PUA. The PUA weekly certification asks me to select a reason why COVID-19 has caused my unemployment. If a contract is signed for a house, they would have to value their services that go toward selling that house. Does PAR have a form to deal with transactional delays? If the individual is unemployed from the W-2 job, the individual should file for regular unemployment. In addition, while PSI testing centers have reopened - at least partially - there continue to be backlogs and delays in scheduling exams. View 573 homes for sale in Erie, PA at a median listing price of $115,000. Pennsylvania homebuyers responded that the pandemic had a great influence their transactions in the past year, according to PAR’s most recent Welcome Home survey. You may be partially unemployed, depending on if you are back to your normal level of work. Zillow has 1,954 homes for sale in Pittsburgh PA. View listing photos, review sales history, and use our detailed real estate filters to find the perfect place. Some potential sellers and buyers have been stuck in financially perilous situations in which they couldn’t move forward with transactions. » READ MORE: Coronavirus leaves home buyers and sellers in limbo — and at financial risk. If you feel you should still be eligible but can’t answer “yes” to any of the statements provided, check with legal counsel and/or an accounting professional and get their advice on how to move forward – whether any of these answers would reasonably apply to your situation or whether you may no longer be eligible. (6/12) The individual should apply for PUA because the individual is not unemployed because of the W-2 employer. Realtors® are in a unique situation in that they perform work from home offices on a regular basis without a pandemic. To the extent in-person activities are necessary, agents should talk to their clients about their comfort level and make every effort to minimize the number of people at a property by restricting access to only those most critical to those specific tasks. However, only send one email. You can find additional virtual marketing resources on the NAR website. The right to receive unemployment compensation benefits in Pennsylvania is based on earnings over a specific period. While some in-person activity is almost certainly necessary, it is still recommended that you perform as much activity with as little in-person contact as possible. (rev. For in-person showings, appointments should be 30 minutes apart or more, agents should minimize the time spent inside the property, and everyone should avoid touching common surfaces such as doorknobs and light switches. To be clear, and out-of-state client is not exempt from the testing requirement merely because they will only be in PA for a short time. Will broker candidates be able to complete their required education and take the broker exam? Concerns and considerations in a vacant property may or may not be different than with an occupied property. However, pension, retirement, annuities and other cash payments would be considered income. It does not provide any exception to the testing/quarantine rules for an out-of-state client who only visits for a short time. (6/12) It depends. The Minor Court Rules Committee made two recommendations to change the rules, both of which are beneficial to landlords. In the top section both parties agree that a transactional delay may be necessary, and that either of the parties can trigger that extension unilaterally. The PAR form has a question asking if the individual has recently traveled to/from a location subject to a Federal or State travel advisory. Agents and brokers should talk with clients about options such as virtual tours or virtual showings, and/or could consider transitioning to some sort of scheduled showings in place of an open house. View photos, see new listings, compare properties and get information on open houses. Businesses may refuse service to those who will not comply or accept an accommodation. These are listed on the website PUA FAQs under “How Do I Know if I Am Eligible For PUA?”. (6/12)Individuals who are performing work are not fully unemployed, but may be partially unemployed and must be unemployed due to a COVID-19 related reason. After the first payment of PUA is received, all future payments are within three business days of weekly claim certification. Search PA real estate at realtor.com®. Do I still qualify for PUA when my county went into the yellow phase, but have not received any commissions yet? Recently, the state’s Department of Labor & Industry responded to PAR’s request for answers and clarification. (6/12) According to the PUA website, applications are being evaluated. Earnings are to be calculated and reported on a week-by-week basis. While the Office of Unemployment Compensation indicated on April 21 that the system was corrected, individuals should try to file the unemployment compensation claim again. 1/5/2021) PAR is currently recommending that brokers and agents avoid traditional open houses - i.e., open walkthroughs with no pre-registration and little or no active monitoring by listing agents - based on the general mitigation and enforcement order (effective November 27, 2020). (6/12) PUA is for 39 weeks, but the program will end on Dec. 31, 2020. Does PAR have suggested best practices to facilitate in-person real estate activities where they are permitted? How do I figure hourly earnings since my net income varies due to timing of commissions and expenses incurred in arriving at net income? Are in-person activities permitted for commercial transactions? Deciding exactly what is "reasonable" will depend on the facts and circumstances of the situation, but the order also notes that "all alternatives to wearing a face covering...should be exhausted," and "innovative solutions" should be offered, before anyone - even a person claiming a medical exemption - is permitted to proceed without a mask. In addition, while PSI testing centers have reopened - at least partially - there continue to be backlogs and delays in scheduling exams, which could affect candidates who are attempting to open their own brokerages. (6/17) The CARES Act contains certain qualifying reasons why an individual would be eligible to collect PUA benefits, and this question simply lists those criteria. (6/12) Certification of accuracy and acknowledgement occurs with each weekly claim filing. Search for PA homes, townhouses, apartments or commercial real estate for . How should we handle positive COVID-19 tests? (11/25/2020) Yes. Moreover, there are occasions when a house is under contract, but it is never sold as a result of inspections, change in circumstances, etc. (3/21/2020) This form has two parts. View 70 homes for sale in Treasure Lake, PA at a median listing price of $174,500. Is there an exception to the travel rule for out-of-state clients who only come into Pennsylvania for short visits? For example, it should shield the business if a customer claims that he tripped and fell because you made him wear a mask and his glasses fogged up, or if a customer claims you unfairly refused service based on their failure to comply. Many people weren’t comfortable buying a home without being able to walk through it. 1/5/2021) The general mitigation and enforcement order (effective November 27, 2020) states that businesses must conduct their operations remotely "unless impossible," and imposes a number of other rules and restrictions on how those activities must be conducted. (NOTE: The version of 11/24/2020 is a complete rewrite and has no individual revision dates.). The updated mask order (effective November 18, 2020) states that businesses must "require that all people, including their employees, customers...and visitors, wear a face covering and take reasonable steps to enforce the requirement." All real estate-related businesses, including title companies, notaries, and mortgage loan officers, must follow guidelines from the U.S. Centers for Disease Control and Prevention and conduct business remotely when possible, according to the executive order. (6/12) First and foremost, be truthful when completing the application. Are in-person activities permitted for residential leasing transactions? Given that this order requires testing/quarantine for those coming from any other state, anyone crossing state lines should answer "yes" to this or a similar question, and should then be prepared to provide proof of a negative test (unless planning to quarantine). That period of time is a five-quarter look back, with the most recent quarter dropping off. Reactivation forms are not available in PALS, and can only be submitted in printed form, by mailing them to the commission. (rev. Am I required to keep my office open for in-person activity? As a Realtor®, what earnings history should I be using? While implementing some of those general rules in real estate is challenging (for example, because many agents perform significant portions of their jobs inside people's houses and not in an office environment), the basic rules should apply to real estate as they do to almost every other business. Even where an individual claims some sort of health-based exemption, "all alternatives to wearing a face covering, including the use of a face shield, should be exhausted" before allowing access with no mask or face covering. This means no showing, client visits, etc. This is done on a dollar-for-dollar basis. Wear your mask. 11/24/2020) No. All Of Pennsylvania Now Open For Real Estate Business!! But even without that language in a contract, a broker can absolutely require that affiliated agents obey the law and relevant rules issued by the state. Recently traveled to/from a location subject to a federal or state travel advisory over.... 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