Gov. Edwards Renews Stay At Home Order
LOUISIANA REALTORS • April 3, 2020
GOVERNOR EDWARDS RENEWS STAY AT HOME ORDER –
HOW DOES IT IMPACT REAL ESTATE?[1]
By: Patricia B. McMurray, JD and Melissa M. Grand, JD
Baker, Donelson, Bearman, Caldwell & Berkowitz,
PC450 Laurel Street, Chase Tower North,
21st FloorBaton Rouge, Louisiana 70801
On April 2, 2020, Governor John Bel Edwards extended the statewide Stay at Home Order(the “Order”), so that the Order is now effective through April 30, 2020.[2] Also, the U.S. Department of Homeland Security, Cybersecurity & Infrastructure Security Agency (CISA) issued updated guidance
which now provides that residential and commercial real estate services, including settlement services, are “essential.” A discussion of these changes and the impact on your business is below.
1. How does the new Order and CISA guidance impact my business?
Short Answer:
Under the new Order and CISA guidance, “real estate” is an “essential activity” permitted to continue operations; however, gatherings of 10 people or more are still not allowed, and social distancing must still be maintained.
Residential and commercial real estate services, including settlement services, are now classified as an “essential activity” under the Order.[3] This means that real estate services are permitted to continue, and real estate brokers and agents have the ability to continue to work while following safety precautions to prevent the spread of coronavirus. However, the Order’s prohibition on gatherings of 10 people of more people is still in place.[4] Also, social distancing guidelines should continue to be followed. Continue to monitor the CDC’s website for up-to-date information about the coronavirus' current impact in the United States.
We encourage brokers and managers to continue communicating with their agents and support staff to determine a plan of action on how best to serve their clients through remote and virtual methods and how to conduct business while also following the Governor’s Order and the CDC’s guidelines on group gatherings.
2. Does the new CISA guidance mean I can conduct real estate closings now?
Short Answer:
Real estate closings can still occur as long as the gathering is limited to less than 10 people and social distancing requirements are maintained. However, at this time, it is still advisable to consider postponing closings or conducting closings via mail with counterpart signatures to the extent possible because of the current impact of COVID-19 on Louisiana.
Real estate and settlement services are now specifically covered in CISA’s guidance[5] and fall within one of the “essential” work classifications. So, real estate closings are permitted to go forward under Section 2 of the Order. A gathering should still be limited to less than 10 people, and social distancing requirements should still be maintained.
The Governor continues to implore Louisianans to stay home whenever possible. Further, consider impact of and the lack of the availability of other services your clients may need if the transfer of property goes forward such as movers and house cleaners. So, to the extent possible, consider postponing closings. Closings can also be conducted through mail or overnight delivery of counterparts of closing documents to minimize the actual need to have a meeting. Some closing documents, however, will still require a signature before a notary and two witnesses. See Coronavirus Amendment
to the Louisiana Residential Agreement to Buy or Sell.
3. Does the new CISA guidance mean I can hold open houses on listed properties or show houses now?
Short Answer:
Even considering the new CISA guidance, we still strongly discourage open houses and encourage you to use virtual means to conduct showings.
Considering the rapid spread of the coronavirus in Louisiana, and the Governor’s orders for individuals to stay home whenever possible, it is advisable that open houses and showings be postponed or conducted virtually. There is no way to ensure that the gathering can be limited to 10 people and social distancing requirements can be maintained when the general public is invited to a location for an open house. Additionally, in-person showings put you and your clients in risk of being infected with the virus.[6] This situation is evolving rapidly, and the CDC's website
should be monitored for up-to-date information.
Discover technology Louisiana real estate agents can use to keep buyers and sellers informed, educated, and confident throughout every transaction.
Candidate qualifying for Louisiana’s November 3 election began Wednesday, August 5, and concludes Friday, August 7. The three-day qualifying period will establish the candidates for all six U.S. House districts, as well as judicial, parish and municipal races across the state. This election cycle includes several changes to Louisiana’s congressional races and election calendar. The state’s U.S. House primaries, originally scheduled for May 16, were canceled following the U.S. Supreme Court’s decision in Louisiana v. Callais. The Louisiana Legislature subsequently adopted a new congressional map that reduced the number of Black-majority congressional districts from two to one. Under the revised election calendar, the November 3 U.S. House contests will use an open primary system. All qualified candidates will appear on the November ballot, regardless of party affiliation. A candidate receiving more than 50% of the vote will be elected. If no candidate receives a majority, the two candidates receiving the most votes will advance to a December 12 runoff. U.S. Senate The November general election will feature Republican nominee U.S. Rep. Julia Letlow and Democratic nominee Jamie Davis. Letlow's Senate campaign has also created an open seat in Louisiana's 5th Congressional District. 5th Congressional District Several candidates have announced campaigns for the 5th Congressional District seat: State Sen. Stewart Cathey State Rep. Michael Echols Louisiana Board of Regents Chair Misti Cordell State Rep. Gabe Firment Cathey, Echols and Firment currently serve in the Louisiana Legislature. Additional candidates may qualify before the deadline on Friday. The 5th District covers portions of northeastern and central Louisiana and extends into the Florida Parishes. 6th Congressional District Congressman Cleo Fields has announced that he will not seek reelection in the newly redrawn 6th Congressional District. Instead, Fields is running in a special election for his former state Senate seat, which became vacant following the death of Sen. Larry Selders of Baton Rouge. The newly drawn 6th Congressional District extends around the Baton Rouge area and includes portions of rural communities surrounding the capital region. State Sen. Rick Edmonds has announced his candidacy. State Sen. Blake Miguez has also been discussed as a potential candidate, although the candidate field will not be finalized until qualifying closes Friday. Federal law requires congressional candidates to reside in the state they seek to represent but does not require them to reside within the specific congressional district. 2nd Congressional District Congressman Troy Carter currently represents the 2nd Congressional District, which extends from the Baton Rouge area toward New Orleans. Under the newly adopted congressional map, the 2nd District remains Louisiana's sole Black-majority congressional district. East Baton Rouge Parish Judiciary All 15 judgeships on the 19th Judicial District Court are scheduled for election following the Legislature's creation of two new judicial election subdistricts. Each subdistrict will elect seven judges, with an additional judgeship elected parishwide. Litigation challenging the new judicial map remains pending. Judicial races are among the contests being monitored by Louisiana REALTORS® and local Political Action Teams. Judicial decisions can have implications for property rights, business activity, litigation and the overall legal environment in Louisiana. Local Elections Voters across Louisiana will also consider candidates for mayors, city and parish councils, school boards, police chiefs and other local offices. While these races typically receive less statewide attention than congressional and statewide contests, local elected officials make decisions affecting land use, zoning, permitting, infrastructure, taxation and housing policy. These issues can directly affect real estate activity and development within local communities. Candidate Lists and Election Information The candidate field will not be final until qualifying closes Friday, August 7. The official list of qualified candidates is available through the Louisiana Secretary of State's Candidate Inquiry portal. The complete election schedule, including key dates for voting, registration and absentee ballots, is available through the Secretary of State's election calendar. For Louisiana REALTORS®, the qualifying period provides an early look at the candidates who will appear on the November ballot and the races that may affect real estate, property rights, development and local communities across the state.
The Louisiana REALTORS® Board of Directors will elect six (6) LR At-Large Directors at its October 1st meeting. Qualifications and an application for the position can be found below.
