Stay At Home Extended Through May 15 - How Does It Impact Real Estate?
LOUISIANA REALTORS • May 1, 2020
GOVERNOR EDWARDS EXTENDS STAY AT HOME ORDER THROUGH MAY 15, 2020 – 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 30, 2020, Governor John Bel Edwards extended the statewide Stay at Home Order (the “Order”), so that the Order is now effective through May 15, 2020.[2] A discussion of the key provisions in the Order relevant to real estate is below.
1. How does the new Order impact my business?
Short Answer:
Under the new Order, real estate services are still permitted to continue operations because they are “essential” under the Order and CISA guidance; however, gatherings of 10 people or more are still not allowed, and social distancing must still be maintained. An important change in the Order is that all businesses must require that any owner or employee having interaction or contact with the public must wear a mask or face covering, which likely means that brokers, agents, and property managers are required to wear masks or face coverings when interacting when their clients, tenants, or other members of the public.[3]
The new Order is almost identical to the Governor’s previous Stay at Home Orders. Residential and commercial real estate services, including settlement services, are still classified as an “essential activity” under the Order.[4] 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. The Order’s prohibition on gatherings of 10 people of more people is still in place.[5] Also, social distancing guidelines should continue to be followed.
A noteworthy change in the new Order which is relevant to the real estate industry is that “all businesses shall require that any owner or employee having interaction or contact with the public shall wear a mask or face covering.”[6] So, under the Order, a broker, agent, or property manager is required to wear a mask or face covering when interacting with a client, a tenant, or other members of the public. Additionally, both the CDC[7] and the Louisiana Department of Health[8] strongly urge everyone to wear masks or face coverings when in public
Brokers and managers are encouraged to continue communicating with their agents and support staff regarding 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. Can I conduct real estate closings now?
Short Answer: Real estate closings can occur as long as the gathering is limited to less than 10 people, social distancing requirements are maintained, and masks or face coverings are worn by individuals interacting with the public. 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.
Because real estate and settlement services are specifically covered in CISA’s guidance[9] and fall within one of the “essential” work classifications, real estate closings are permitted to go forward under Section 2 of the Order. A gathering should must be limited to less than 10 people, social distancing requirements should still be maintained, and anyone having interaction or contact with the public must wear a mask or face covering.[10]
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 signature before a notary and two witnesses. See Coronavirus Amendment to the Louisiana Residential Agreement to Buy or Sell.
3. Can I hold open houses on listed properties or show houses now?
Short Answer: Open houses are still strongly discouraged. We encourage you to use virtual means to conduct showings at this time.
It is still advisable that open houses and showings be postponed or conducted virtually. As the Governor’s Order explains, while the number of new cases of COVID-19 in Louisiana has decreased significantly, and there has been significant evidence that Louisiana has flattened the curve of the virus, there are several regions in the state where the number of incidences have increased in recent days.[11] The Order also states that Louisiana continues to have the sixth highest number of per capita cases in the country with over 28,000 infected, and thus far, Louisiana has not yet met the criteria set by the White House Coronavirus Task force to move into Phase 1.[12]
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.[13] This situation is evolving rapidly. Continue to monitor the CDC's website for up-to-date information.
DISCLAIMER
Information and additional guidance and orders regarding the pandemic are being issued daily. The information is the article was last updated on April 30, 2020 at 4:30 p.m.
These materials are to be used for informational purposes and should not be construed as specific legal advice. These materials are not designed to cover every aspect of a legal situation for every factual circumstance that may arise regarding the subject matter included.
This publication is for reference purposes only and association members or other readers are responsible for contacting their own attorneys or other professional advisors for legal or contract advice. The comments provided herein solely represent the opinions of the authors and is not a guarantee of interpretation of the law or contracts by any court or by the Louisiana Real Estate Commission.
[1] Information and additional guidance and orders regarding the pandemic are being issued daily. The information is the article was last updated on April 30, 2020 at 4:30 p.m.
[2] The Governor’s original Stay at Home Order was dated March 22, 2020, and the first renewed Stay at Home Order was dated April 2, 2020. See LR’s previous articles and guidance on the Governor’s Stay at Home Orders: https://www.larealtors.org/publications/2020/3/23/governor-edwards-issues-statewide-stay-at-home-order-how-does-it-impact-real-estate and https://www.larealtors.org/publications/2020/4/3/gov-edwards-renews-stay-at-home-order. See also gov.louisiana.gov.
[3] See Order, Section 2(E).
[4] See Order, Section 2(A)(3).
[5] See Order, Section 2(A).
[6] See Order, Section 2(E).
[7] See https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/cloth-face-cover.html.
[8] See http://ldh.la.gov/index.cfm/page/3940.
[9] See Identifying critical infrastructure during COVID-19.
[10] See Order, Section 2(E).
[11] See recitals of the Order.
[12] See id.
[13] See larealtors.org.
2025 Regular Legislative Session Wrap-up
The National Association of REALTORS® Board of Directors approved a 2026 budget with no dues increase and passed a Professional Standards Recommendation to clarify language in NAR Code of Ethics Standard of Practice 10-5, which prohibits harassment of any person or persons protected under Article 10 of the Code. A day earlier, the Executive Committee approved another Professional Standards change, revising language for Policy Statement 29 designed to ensure state and local associations can fairly and consistently enforce the Code of Ethics. Learn more about the changes. Read the revised Code of Ethics and Standards of Practice. Board members also approved a consent agenda to elect the 2026 officers and regional vice presidents . Christine Hansen of Ft. Lauderdale, Fla., was elected 2026 President-Elect, and Colin Mullane of Ashland, Ore. was elected 2026 First Vice President. The meeting opened with a video message from President Donald Trump, who welcomed REALTORS® to Washington and thanked them for support of the House-passed tax reform. NAR routinely invites the U.S. president to address REALTORS® at the Washington meetings. Over NAR's history, nine sitting presidents have addressed the association. Board Actions Approved a series of Finance Committee recommendations, accepting the association’s financial statement, approving the 2026 operating and advocacy budgets, and keeping dues at $156. The board actions also redirect $35 of the $45 Consumer Advertising Campaign assessment to operating funds. This change positions NAR to make its next settlement payment in February 2026 and maintain a balanced budget without raising total dues. The remaining $10 for the Consumer Advertising Campaign will fund optimized, metrics-driven activities that reach and engage consumers in critical markets. NAR CEO Nykia Wright and President Kevin Sears explained the shift at the opening session of the conference . Amended Standard of Practice 10-5 to give state and local associations greater clarity in how to fairly and consistently enforce Article 10 of the Code of Ethics. The amended Standard of Practice says that REALTORS®, in their capacity as real estate professionals, in association with their real estate businesses, or in their real estate-related activities, shall not harass any person or persons based on race, color, religion, sex, disability, familial status, national origin, sexual orientation, or gender identity. Made a series of recommendations to the Standards of Practice to bring the language in line with the terms of NAR’s 2024 settlement. Approved a motion to make one member of the Executive Committee a commercial practitioner who has served as chair, vice chair or liaison of an NAR commercial-related committee or forum to serve a two-year term and be independent of the 10% commercial representation requirement outlined in the NAR Constitution. Approved a recommendation from the Credentials and Campaign Rules Committee to amend qualifications for president-elect, first vice president and treasurer effective Jan. 1, 2026. Qualifications for top-line officers are now aligned with those already in place for regional vice presidents. Approved recommendations from the Member Accountability Committee related to applications for volunteer leadership and the Statement of Appropriate Event Conduct. The goal of the recommendations is to ensure members found in violation of the NAR Member Code of Conduct are properly disclosed. Award Winners NAR President Kevin Sears announced the 2025 Distinguished Service Award winners James P. Cormier , AHWD, C2EX, of Minneapolis-St. Paul, and Brooke S. Hunt , AHWD, E-PRO, SFR, SRS, C2EX , of Flower Mound, Texas. In addition, the group recognized the winner of the 2024 William R. Magel Award, Anne Marie DeCatsye , CEO of the Canopy REALTOR® Association and Canopy MLS in the Charlotte, N.C., metro area. REALTORS® Relief Foundation During the meeting, REALTORS® Relief Foundation President Greg Hrabcak appealed to board members to make a tax-deductible donation. The fund provides housing assistance to victims in the immediate aftermath of a disaster; 100% of funds donated go to disaster relief. “We’ve had devastating wildfires in California, tornadoes in Missouri and Kentucky and flooding in West Virginia, and we’re still in the first half of this year,” Hrabcak said. Before the meeting ended, directors had donated more than $41,000.
Whether you’re working in Baton Rouge, Shreveport, Lafayette, or anywhere in between, here’s how you can use Homeownership Month to elevate your real estate marketing and better serve your community.
