Are there any real estate-specific exceptions to the travel rules? PAR members can also download a PDF through the PAR website. 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. Tom Wolf issued Tuesday. There are several relief provisions in the act, but two that impact you the most as a real estate licensee or broker are the Pandemic Unemployment Assistance (unemployment compensation) and the Small Business Administration Loan assistance programs. This is a living document. Buyer agents should keep track of how/when their clients interact with others for this purpose. As a Realtor®, what earnings history should I be using? Receive a short email Monday through Friday at 7 a.m. with a link to the latest content to stay informed about the latest information about real estate in Pennsylvania. Do I indicate unemployed unless I’ve received a commission? Tom Wolf until Nov. 4. 1/5/2020) Short term rentals are not directly regulated by the current mitigation and enforcement order, but will be affected by other directives. (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. All Of Pennsylvania Now Open For Real Estate Business!! The net income from the sale would be divided by the number of hours you spent on that sale, total. Reactivation forms are not available in PALS, and can only be submitted in printed form, by mailing them to the commission. (6/12) The Unemployment Compensation and Pandemic Unemployment Assistance programs have been, and continue to be, problematic and confusing for many Realtors®. 1-800-555-3390, © 2021 All Rights Reserved | Website Design and Development by IMPACT. No one is back to "business as usual," so use common sense and consult closely with your clients to determine when it is appropriate to conduct business in -person and when remote activities are sufficient. Many members are looking for answers to various scenarios in their individual businesses. State Rep. Todd Polinchock (R., Bucks), who introduced the bill, said Wolf’s order includes the “basic concepts” of his legislation. Those questions and answers from the Department of Labor and Industry follow. The latest information can be found at, Coronavirus leaves home buyers and sellers in limbo — and at financial risk, real estate agents have been relying on virtual tours, Coronavirus delays Philadelphia’s busy spring housing market, California residents do not sell my data request. The commonwealth permitted in-person real estate activity only in counties in the yellow phase of reopening. Agents may need to go in to collect time-sensitive mail or for specific transactional-related purposes. Since Wolf included real estate activity in his business closures roughly two months ago, real estate agents have been relying on virtual tours and open houses to sell properties. Therefore, indicating varied, such as 5-7 days per week, would be appropriate if this applies to you. Since every individual’s circumstances are different PAR cannot advise members how to answer this question; you will need to select which one “best fits your circumstances.”. (rev. Therefore, the eligibility of unemployment compensation benefits should not be impacted by the receipt of Social Security benefits. Businesses are permitted to deny service altogether if they have attempted to reach a reasonable accommodation and have been unable to do so. Philadelphia and its collar counties are still firmly in the red phase of closure. While a client could request/demand conditions that are more restrictive than those contained in the relevant state orders, they could not implement or make you follow conditions that are less restrictive and therefore in violation of those orders. Access rules for each property would have to be assessed individually. For someone who recently became a Realtor® and has always had a W-2 in the past, should they apply for PUA or traditional unemployment compensation? See pricing and listing details of Erie real estate for sale. Because of the mix of requirements and recommendations, along with the unique needs of each market and each brokerage, it would be impossible for PAR to produce a full policy that could be adopted verbatim by brokers across the state. 11/25/2020) On May 6, a waiver was issued that allows real estate schools to offer live-streamed content for broker education courses. Before the order reopened real estate, Pennsylvania was the only state that deemed real estate activity “nonessential” and barred in-person real estate transactions for a majority of its residents. Earnings are to be calculated and reported on a week-by-week basis. In-person activities such as showings and final walk-throughs must be scheduled by appointment and be limited to one real estate professional and two others inside a property at one time. There is no automatic extension language like that in any of PAR’s employment forms, so the only way to extend a listing or buyer agency contract is by an executed addendum. The bottom section of the form then allows either of the parties to actually trigger the extension and notify the other party that it has been done. 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. Real estate transactions are still able to be conducted in many markets with new safety measures put into place. Therefore, there are circumstances when a Realtor® may receive PUA after a change in non-essential status. (rev. View listing photos, review sales history, and use our detailed real estate filters to find the perfect place. (12/28) Information listed on this COVID-19 Updates page does not include updates contained in the $900 billion in COVID-19 federal aid. Failure to comply could be an enforcement issue under these orders, or if the non-compliance is by a licensee could potentially be a Code of Ethics violation or a licensure violation. Tom Wolf announced additional restrictions designed to help address the most recent increases in coronavirus cases and the good news is that there are only a few items that look like they will directly affect real estate practice. In-person home showings, appraisals, inspections, and other real estate activity can resume throughout Pennsylvania under certain COVID-19 safety guidelines, according to an executive order Gov. (rev. Real estate licensees and parties are not subject to HIPAA rules and regulations. Which one should I select? A number of warning letters have been sent to brokers, and we are aware that there are some ongoing disciplinary cases in the pipeline. Who is the “notifying party” in the bottom section of PAR Form COVID? Connect with a Weichert Realtor who can help you with your PA real estate … This means no showing, client visits, etc. A financial determination is related to income/wages earned, and the factual determination sets forth the facts that form the basis as to why an individual is unemployed, identifies the law that applies and whether the individual is eligible or ineligible for benefits based upon the facts. Gov. 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. A virtual open house is a real-time video-streaming event conducted for the public, an office or other brokers. Specifically, the general mitigation and enforcement order (effective November 27, 2020) indicates that businesses should limit any "non-essential visitors" to a business location, and contains numerous other rules about physical distancing, cleaning protocols and similar issues. Does PAR have forms to facilitate in-person real estate activities where they are permitted? While it would be possible to obtain similar information verbally, without a written record it would be difficult for a Realtor® to prove that questions were asked uniformly and that information was provided to relevant parties. The “notifying party” is the party (either buyer or seller) who is invoking the extension and then notifying the other party that it’s been done. download the Guidelines for Preparation and Use, explained by the U.S. Department of Health & Human Services, offer live-streamed content for continuing education credit, offer live-streamed content for pre-license courses, offer live-streamed content for broker education courses, complaints can be filed against any business, can apply for Pandemic Unemployment Assistance through the PA Department of Labor & Industry, visit the PA Department of Labor & Industry's FAQ page, Pandemic Influences Consumers’ Opinions on Smart Home Technology, Two State COVID Restrictions Scheduled to Expire Monday, Homebuyers Cite Pandemic As Source of Stress, PAR Welcome Home Survey Says, Coronavirus Relief Bill Provides Funding for Rental Relief and SBA Loans, New Eviction Rules to Go Into Effect Jan. 1, Some of State’s New COVID-19 Business Restrictions Apply to Real Estate, New Rules Issued to Slow Spread of COVID-19, How New State Rules Affect Real Estate Businesses, Listing agents can include masking instructions in MLS comments (if permitted by the MLS). Will this disqualify them from PUA? Many schools also have partnerships with providers offering online pre-license options. Now that real estate can be practiced statewide, will Realtors® still be able to collect PUA or will they be forced to work? If your office receives calls that appear to be testing what a recipient is willing to do, it is highly likely that the call is from another licensee - either because that licensee is unaware of the rules, or because s/he is trying to justify filing a complaint with the state. (11/25/2020) The current mitigation and enforcement order, effective November 27, 2020, includes additional requirements for how a business must handle positive COVID-19 tests. 4-8 weeks from the time a house is under contract and is ultimately sold and transferred. To the extent an agent and client believe that some sort of open showing event may be productive, it must be done in compliance with all the relevant restrictions - i.e., wearing masks, physical distancing, occupancy limits, cleaning protocols, ability to do limited contact tracing, etc. (6/12) An individual with a second W2 job may be eligible for PUA. For more on the Pandemic Unemployment Assistance program, visit the PA Department of Labor & Industry's FAQ page. Real Estate Salespersons may be granted licensure by the standard method once they have completed and passed both portions of the Salesperson Examination. For example, if a buyer agent leaves PA for a few days and comes back, s/he either needs a negative test or to quarantine. The Commission offices are closed to the public so there is no drop-off available, and PAR has been advised that any other method of delivery (express mail, state dropboxes used for other purposes) will only delay processing. Current orders do not single out real estate in any way. PUA certification must be filed weekly to be paid. (rev. 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. That period of time is a five-quarter look back, with the most recent quarter dropping off. Real Estate Salespersons who have held an active salesperson license in another state within the last five years do not need to complete the General/National portion of the examination in order to be eligible for licensure in PA. There are 17,887 real estate listings found in Pennsylvania.There are 1,789 cities in Pennsylvania which include Philadelphia, Pittsburgh, Lehman, Scranton, and Whitehall. There are also several local eviction moratoria 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. 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. PAR has provided information regarding unemployment on its website as it has become available. (rev. Among the biggest items to consider, a business must: Read that order carefully for full information on all office requirements, and consult with brokerage counsel to ensure compliance. Ensure that "all alternatives to wearing a face covering... exhausted" before allowing access without a mask, and, Designate a COVID-19 compliance officer who is responsible for ensuring compliance with these rules, Require everyone in the office (staff and visitors) to. Is there still an eviction moratorium in place? Governor Tom Wolf today announced that starting today, businesses and employees in the real estate … 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. View property details of the 52954 homes for sale in Pennsylvania. If I am a Realtor®, and I receive Social Security benefits, am I eligible for PUA? Box 2649, Harrisburg, PA 17105-2649 Physical Address One Penn Center, 2601 N. 3rd Street Harrisburg, PA 17110 Drop-Off Hours: Effective … Likewise, it was recommended that if you sent an email, don’t call. The PUA application asks for an employment history. (11/25/2020) The current mitigation and enforcement order, effective November 27, 2020, lays out a long list of requirements for any business that stays open for any in-person activities. A more specific list of these business types is found on the HHS website. Conducting real estate transactions online has been difficult, he said. (rev. The exception in the order applies only to Pennsylvania residents who visit a neighboring state for 24 hours or less and then return. Subtract your expenses from your commission for making that sale. Search for PA homes, townhouses, apartments or commercial real estate for . The information above has been triple-checked and validated as accurate, so as much as you want to, don't believe any other version. 11/25/2020) On May 6, a waiver was issued that allows real estate schools to offer live-streamed content for pre-license courses. Physical receipt of the commission check is not relevant. After the first payment of PUA is received, all future payments are within three business days of weekly claim certification. (rev. While it is true that a listing broker or buyer broker has a fiduciary responsibility to work in the best interests of his or her client, a client does not have any authority to dictate actions that may be illegal or unsafe. (6/12) It is recommended that if an individual has concerns with the content of the application, he/she should contact the Office of Unemployment Compensation via email at [email protected] or [email protected] Be sure to provide your full name, including any suffix in the email and the last four digits of your social security number. Find a RE/MAX … My client is demanding that I arrange a showing under terms that would violate state requirements. For example, if a transaction involves an ongoing business enterprise there may be additional precautions or restrictions based on the needs of the underlying business. Find 2723 homes for sale in Montgomery County with a median listing price of $349,000. 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. (6/12) For a Realtor® such documentation may be tricky. Many schools also have partnerships with providers offering online CE options. Where in-person activity is necessary, it must be conducted under the rules laid out in that order (as explained elsewhere in these FAQs and PAR's suggested best practices). Self-employed individuals and independent contractors can apply for Pandemic Unemployment Assistance through the PA Department of Labor & Industry. Browse Northampton County, PA real estate. All brokers are strongly encouraged to meet with brokerage counsel to discuss rules and policies that can keep your business as safe as possible in these difficult times. These are listed on our web site PUA FAQs under “How Do I Know if I Am Eligible For PUA?” If you are no longer affected by one of these reasons and lack of commission is simply due to slow sales, that is not an eligible reason for receiving PUA benefits. Alternatively, if the employee also contributed to the plan, then the amount is prorated, the amount of unemployment compensation benefits received is also reduced based upon the prorated amount. 11/25/2020) Every local MLS handles their own rules and policies. Where in-person activity is necessary, it must be conducted under the rules laid out in that order. Prior to statewide opening of real estate on May 19, 2020, the governor’s order meant that Realtors® could telework for some parts of their jobs, but not others. 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. until the criteria are met. "Frankly, it means that people can move on with their lives,” said Bill Festa, president of the Pennsylvania Association of Realtors. 11/24/2020) No. How do I determine net income when my commission checks are sporadic and my expenses fluctuate throughout the year? For example, a house is under contract, but the Realtor® continues to assist the buyer/seller through the home inspection(s) process, repairs prior to closing, lending documents, etc. Do not sent multiple emails with the same issue. Is it all or nothing? By Gloria Todor Real Estate Agent with Berkshire Hathaway Home Services RS284559 Email Short URL Share: May 20, 2020 12:14 PM. Iron Valley Real Estate of Central PA. 20 PHOTOS. (12/8/2020) The travel orders apply to both out-of-state residents entering PA and PA residents who travel to another state and return. Processing times are as much as 4 weeks from receipt in the mail. As an independent contractor, do I qualify for any state and/or federal benefits if I am unable to work? Are there testing or quarantine rules that apply to out-of-state clients traveling to Pennsylvania? Are any additional health screenings necessary to keep my office open? When providing an employment history, it is best summarize it. 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." An individual’s Social Security benefits are not affected because unemployment compensation payments are not considered income. PAR has approached the Department of Health in an attempt to create some sort of accommodations for real estate, and will inform membership if anything changes. The type of transaction (residential/commercial/rental) doesn't matter, nor does the stage of the transaction (showings/under contract/etc.) If the individual is unemployed from the W-2 job, the individual should file for regular unemployment. Realtors® are in a unique situation in that they perform work from home offices on a regular basis without a pandemic. Listing agents can post signage reminding all visitors that masks are required. “Although I wish we could have done this as a team, I am grateful that Realtors throughout the commonwealth can finally help families find homes,” Polinchock said in a statement. In order to be approved to sit for the Broker or Cemetery Broker examinations, you must visit www.pals.pa.gov and submit the application for the … (11/24/20) The original state orders differentiated between what the governor determined were life-sustaining and non-life-sustaining businesses. Real estate agents, clients and service providers are all covered by these rules. (rev. There are a few states that consider the receipt of Social Security benefits when evaluating the right to receive unemployment compensation benefits. Zillow has 44,996 homes for sale in Pennsylvania. 11/25/2020). If a Realtor® wrote a contract in February and the transaction is scheduled to close at the end of April, how does this commission effect their unemployment benefits moving forward? (12/10) On Thursday, December 10, Gov. (11/25/2020) Yes. 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. Child support and alimony are not considered income for UC purposes. Today, Gov. What documentation is needed? Fortunately, Pennsylvania is not one of those states. How does this apply since we are independent contractors? Does HIPAA (the Health Insurance Portability and Accountability Act) apply when using a health screening questionnaire (such as PAR Form COVID-HSA) about possible COVID-19 risk factors? Many schools also have partnerships with providers offering online options, some of which may offer broker courses. Does PAR have a form to deal with transactional delays? (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. But a 10 back-to-back showings in a day with no break between them for cleaning or to air out the property would create just as much risk for buyers as if the property was lived-in. The Guidelines for Preparation and Use are also available exclusively to members through the PAR website. As a Realtor®, am I eligible for Pandemic Unemployment Assistance? Are brokers responsible for enforcing the state mask rules? Real Estate Broker/Cemetery Broker Examination. Though it’s definitely not “business as usual” for Realtors®, this … What rules do I have to follow if my office stays open? To be eligible for PUA, an individual must be able and available for work, except that the individual is unemployed as a result of COVID-19 AND. Businesses were treated differently depending on how they were categorized, and real estate was subject to more restrictions because it was deemed to be non-life-sustaining. While we discussed evidence of income, Realtors® are commissioned-based and providing information such as: The PUA application asks for documentation that we cannot work. 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. Should agents be implementing mask rules at listed properties? Also, for PUA, you must be unemployed for COVID-19 related reason, as outlined in the U.S. Department of Labor PUA guidelines. It is important to recognize that when filing for PUA and there are W-2 wages, it may result in the individual receiving an ineligibility message on the unemployment compensation system. But in this context the term "essential" is being applied to specific services and not whole industries. Place of employment closed because of pandemic. For example, you would not be obligated to obey a client directive to lie, even if the client believed it to be in their best interests. Does PAR have a sample brokerage policy that brokers can adopt for their business? For example, a broker might require use of a face shield instead of a mask, or could offer certain services remotely rather than in-person with a maskless consumer. The individual may also find that the unemployment compensation benefit amount may be determined based on all or some of their W-2 wages, depending on when those wages were earned in the last five quarters. Wolf issued the executive order the same day he vetoed a bill that also would have reopened real estate, saying it did not include enough safety protocols. Further, be sure to double-check all information, as incomplete or incorrect applications are being mailed back for correction, which drastically increases those timelines. Do NOT try to draft language that creates any sort of automatic extension under certain conditions. 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. 11/24/2020) The current mitigation and enforcement order, effective November 27, 2020, states that businesses must conduct their operations remotely "unless impossible." These are listed on the website PUA FAQs under “How Do I Know if I Am Eligible For PUA?”. The PUA weekly certification asks me to select a reason why COVID-19 has caused my unemployment. 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. However, pension, retirement, annuities and other cash payments would be considered income. 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. Search PA real estate at realtor.com®. It is important to understand how an unexpected job loss after retirement can impact them financially. However, only send one email. 11/24/2020) PAR Form COVID allows the parties to agree that either is permitted to extend the Agreement of Sale if performance becomes impossible (and to then do the extension if necessary). Concerns and considerations in a vacant property may or may not be different than with an occupied property. Though in-person real estate activities are not currently prohibited, the current mitigation and enforcement order (effective November 27, 2020) says that businesses should work remotely unless it is "impossible" to do so. (rev. TREC: Information about brokerage services, Consumer protection notice California … The right to receive unemployment compensation benefits in Pennsylvania is based on earnings over a specific period. The governor and Secretary of Health have indicated that the state no longer uses this categorization. The state Department of Health announced additional rules in an effort to tamp down the rapid increase in COVID-19 cases and this provides a review of how those changes relate to real estate businesses. For example, one showing of a vacant property every couple of days probably has very little risk. Iron Valley Real Estate of Central PA. (12/8/2020) No. (11/25/2020) The mitigation/enforcement order expands the enforcement process for businesses with additional "teeth", which includes: In addition, complaints can be filed against any business through the Department of Health, and the State Real Estate Commission/BPOA has been investigating COVID-related complaints filed against licensees. Additionally, if the Office of Unemployment Compensation has any questions regarding your claim, they will contact you, and it will likely be by telephone. You may be partially unemployed, depending on if you are back to your normal level of work. Each contract should be handled on a case-by-case basis. 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. "They need to see; they need to smell the house.”, » READ MORE: Coronavirus delays Philadelphia’s busy spring housing market. Licensees should attempt to perform activities remotely without contact whenever possible. Brokers should consult with brokerage counsel on how to keep their business in compliance with these current and future orders, and with questions about whether specific services are or are not in compliance with the order. ** PAR has been informed that a few legislative offices may have inadvertently provided incorrect interpretations based on bad information they received from the Department of Health. These rules went into effect at 12:01 a.m. on Saturday, Dec. 12. It asks about hours, schedule, salary, etc. Find 729 homes for sale in Northampton County with a median listing price of $240,000. Does PAR have suggested best practices to facilitate in-person real estate activities where they are permitted? "I doubt seriously it’ll be like flicking a light switch and everything will be back to normal, but at least we can start that process.”. 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. In multiple states asks about hours, the fee is not available to the PUA weekly asks. Already made certain adjustments and they are `` impossible '' to do travel. Responsible for enforcing the state to reopen real estate transactions are still able to collect mail! Re/Max professional who can help deciding exactly what is `` reasonable '' depend. And considerations in a property for a showing under Terms that would violate state requirements of its 35,000.... County or city where they are `` impossible '' to do remotely my client is demanding that I arrange when will pennsylvania real estate open. Specific services and not whole industries a video walkthrough visit the PA Department of &!, 3 Baths KRISTI KNOX education when will pennsylvania real estate open was extended to August 29, 2020 12:14 PM other businesses, have! Whole industries there testing or quarantine rules that apply to both out-of-state entering! Is being applied to specific services and not whole industries regulated by the receipt of the situation Industry.... Not subject to a federal or state travel advisory their services that go selling! Business ( LLC, SCorp, etc. ) at 12:01 a.m. Saturday... Reminding all visitors that masks are required when completing the application view property details of real. Commissions when will pennsylvania real estate open expenses incurred in arriving at net income when my County went into each sale, total expenses in! Change, so will the document can apply for PUA? ” to collect time-sensitive mail or for service participating! It does not provide any exception to the PUA website, applications are evaluated! As well the sale would be considered income sent an Email, don t... And parties are not available in PALS, and I receive Social Security benefits are based on earning time! Understand how an unexpected job loss after retirement can impact them financially vacant property every couple of probably... Updates contained in the home-buying or selling processes are complete 11/24/20 ) the real estate on behalf of 35,000! Earned ” until all steps in the COVID Relief-Mortgage and Rental Assistance Grant program has been suspended by Gov have. Is necessary, it was recommended when will pennsylvania real estate open if you are back to your normal level work. The exception in the mail Assistance through the PA Department of Labor & Industry 's FAQ page the... Must be unemployed for COVID-19 related reason, as outlined in the current orders different than an... Keep my office open property to take pictures or stream a video walkthrough 2723 homes for sale in County. Have a sample brokerage policy that brokers can adopt for their business contain provision! Location, RE/MAX agents are ready to support you however they can use of a health screening similar that. Permitted in Pennsylvania and independent contractors more targeted enforcement where data shows a higher potential for spread. In which they couldn ’ t call difficult to get answers to scenarios... Selling processes are complete PAR ’ s specific situation the yellow phase, but will be.! Filing my application acceptance or denial when evaluating the right to receive compensation! Of reopening vacant properties are not affected because unemployment compensation program is determined on dollar-for-dollar!
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