The Division of Real Estate continues to receive complaints concerning real estate brokers not following state and county-issued guidance regarding COVID-19 restrictions when performing real estate activities. Please be aware that many Orders are still in effect and you should be vigilant to stay in compliance of those Orders for the safety of yourself and others.
On October 6, 2020, Governor Jared Polis, by Executive Order D 2020-213, extended many previously issued Orders that are referenced below.
On June 30, 2020, Governor Jared Polis by Executive Order D 2020 123, amended Executive Order D 2020 091, the “Safer at Home and in the Vast, Great Outdoors”, which is incorporated into the Colorado Department of Public Health and Environment’s (CDPHE) Tenth Amended Health Order 20-28, dated August 21, 2020, under the Safer at Home phase of the COVID-19 pandemic.
These Orders implemented a number of measures that allowed many Coloradans to return to work and recreation in the great outdoors while maintaining social distancing, it also allowed all Field Services, including real estate, to resume operations in accordance with the requirements of this Order including Appendix B. Real estate includes in-person real estate showings and marketing services which must adhere to Social Distancing Requirements with cleaning and disinfection between each showing. Open houses must follow the Indoor Event requirements in Section I.H.4 of this Order.
The goal remains to have most people stay at home as much as possible while allowing businesses to reopen under restrictions and guidance to ensure as much safety as possible for both employees and consumers. CDPHE is making the information contained in the Amended Public Health Order available via the Safer at Home webpage where you can access information by industry (see “Field Services & Real Estate”).
DORA recognizes that these orders, while detailed, do not necessarily reach the level of specificity many of our regulated professions desire. Additionally, we know that businesses and professionals are being asked to absorb information from a wide variety of sources, and many amended versions of public health orders. In an effort to provide not only additional clarity on industry and business-specific safety measures, but also to synthesize information from many State of Colorado sources, we ask you to once again review the additional guidance for real estate brokers and services.
Also, please be aware that The Colorado Department of Public Health & Environment has also implemented the "Protect Our Neighbors" phase. "Protect Our Neighbors" means that communities that meet certain criteria have less stringent restrictions than under "Stay at Home” and “Safer at Home" phases.
Different communities will be in different phases, based on local conditions and capabilities. What this means is that rules may be different if a county has moved into the "Protect Your Neighbors" phase. You should therefore inquire to your county seat or health department regarding any variances that may allow more lenient restrictions than those implemented throughout the rest of the state. If you are unsure what applies, follow the stricter set of requirements.
Short-Term Rental Guidance
The “Safer at Home and in the Vast, Great Outdoors” orders allow for the opening of the short-term rental market. Therefore, real estate brokers that work with customers in the short-term rental market need to be aware of the recent Colorado Department of Public Health & Environment (CDPHE) Guidance for Short-Term Rentals that was updated under the Colorado Safer at Home Orders on the Safer at Home website. This short-term rental guidance provides information concerning the rental space, owner and manager responsibilities, and the responsibility of guests. Please review it in full before you proceed with resuming services in the short-term rental market.