In-Person Access Acknowledgement Form-Update
April 21st UPDATE: Today Florida Realtors® Legal Department released some FAQs for the Coronavirus In-Person Access Acknowledgement Form.
Yesterday, Florida Realtors® released a new form to be used as a waiver for in-person showings.
The form is titled COVID-19/Coronavirus In-Person Access Acknowledgement.
This form is for both the owner of a property and the potential prospect acknowledging that they are both aware of the national emergency caused by the COVID-19/Coronavirus pandemic and the risks involved for in-person showings. It outlines that both parties are following guidelines as outlined by the CDC to minimize the risk of further spreading the disease.
This form includes an Assumption of Risk by both the owner and the prospect for any and all risks upon entering the property.
If you choose to use this form, it is recommended that you require ALL potential in-person prospects to sign this acknowledgement in order to avoid a Fair Housing complaint.
The form is easily accessible for your use through Form Simplicity. (Example, Page 1 Below)
A note from our attorney Jeff Marks:
“Florida Realtors has just published a form called Covid-19/Coronavirus In-Person Access Acknowledgement. Nefar members can use this document. In this document the owner states that the owner desires that the agent/broker bring prospects to owner’s property if the prospective buyer desires and advises the parties that there are risks in doing so. In the form the prospect states that the prospect will use their best efforts to minimize the health risks and the prospect and the owner represent that they are not aware of any issues with any person or property that pose a health risk to each other, the agent/broker, and the occupants. The form has other paragraphs as well, including assumption of the risk language. Nefar and NEFMLS members can access the form on Form Simplicity. At this time Nefar will not be producing a similar form. If this form is used with one prospect, it shall be used with all prospects because otherwise it could be considered Fair Housing discrimination. “
Thank you for this form.
Is it being suggested that this be used for all showings? And, if yes, is it ok to mix forms when using NEFAR documents….does this form need to be included in contract package or referenced within the PASA? Do we need to archive all completed forms to conform to FREC requirements? Is it being suggested that this form be uploaded to the ‘document’ section of listings and completed and emailed before any/all showings. Just looking for some clarification…..
No it is not required nor are we suggesting you use the form for your showings, it is entirely up to you and your broker. It is available to those who wish to use it. The only recommendation we have is IF you use it, use it for all prospects. It is fine to co-mingle the documents and yes it is recommended that you include it in your archive of documents for that transaction. Depending on what transaction platform you are using you can either upload it manually or just add it to your transaction in FormSimplicity. Hope this helps.