Sample COVID-19 Showing Addendum

Posted on: March 26th, 2020 by RAGC Team No Comments

Sample COVID-19 Showing Addendum, other language available

Mar 26, 2020 | By Peg Ritenour, Ohio REALTORS Vice President of Legal Services

In light of COVID-19 concerns, Ohio REALTORS has been asked by its members and some local Boards to provide a sample addendum to listing agreements that can be used to address issues related to showing property. Some of these issues include the risks associated with showings and open houses, as well as permission to use alternative methods that allow buyers to view the property without being physically present, such as facetime, live streaming, virtual tours, etc.

This SAMPLE FORM / INTERACTIVE SAMPLE FORM is now available in three formats:

Word: https://www.ohiorealtors.org/upl/media/covid-19showingaddendumtoexclusiverighttosellagreement3-2020.docx

.pdf: https://www.ohiorealtors.org/upl/media/covid-19showingaddendumtoexclusiverighttosellagreement3-2020.pdf

.pdf fillable: https://www.ohiorealtors.org/upl/media/covid-19showingaddendumtoexclusiverighttosellagreement3-2020fillable.pdf

This sample addendum is rather comprehensive and some brokerages may want delete or edit some of the provisions to conform with their company’s policy regarding showings, open houses or other specific needs. This is permitted by Ohio REALTORS and would not constitute the unauthorized practice of law by the brokerage because the brokerage is a party to the agreement. If changes are made, however, brokerages must remove the Ohio REALTORS logo, the information included below the signature line that reference Ohio REALTORS and the Ohio REALTOR copyright. If substantive changes are made by a brokerage, brokerages should have their own legal counsel review these revisions. Agents should not adopt or change this form without their broker’s approval.

Some brokerages may prefer to use a more simple addendum that only addresses alternative methods of showing property to buyers. If so, the following brief language can be used for this purpose:

In lieu of or in addition to physical showings, Seller permits Brokerage to employ the following alternative methods to show the listed property to potential purchasers: (check items that are permitted)

a.       Video virtual tours _________

b.      Live streaming virtual tours ________

c.       Skype/Facetime/Zoom or other similar technology___________

d.      Other (indicate method) _______________________________

Seller does________ does not ________ permit the techniques authorized above to be utilized by cooperating agents affiliated with other real estate brokerages to facilitate showings of the listed property to their buyer clients.

Additionally, a few brokers have asked for a form for buyers to sign acknowledging the risks associated with entering listed property. This brief language could be utilized by brokerages for such a form:

Buyer hereby represents that to the buyer’s knowledge neither the buyer or members of their household have been diagnosed with COVID-19 or is currently experiencing symptoms associated with COVID-19. Buyer agrees to notify their agent if either of these occur in the future. Buyer further acknowledges and assumes the risk of exposure to COVID-19 by entering and touring properties listed for sale. Buyer agrees to conduct their own due diligence to investigate these risks and is not relying on the brokerage or its agents for advice or information on whether it is safe to access listed property. Buyer agrees to employ precautions recommended by the CDC and the Ohio Department of Health to minimize exposure to themselves and others when touring listed property both before and after such access, including the use of hand sanitizer and washing their hands for at least 20 seconds, as well as other precautions the buyer considers necessary. Additionally, buyer agrees to follow social distancing practices with any other persons present during the showing, including the real estate agent.

This content is copyright 2020 Ohio REALTORS. Read more at: https://www.ohiorealtors.org/blog/1275/sample-covid-19-showing-addendum-other-language-available/