Important COVID-19 legal update on support services

Covid19_Legal_Update_on_Support_ServicesOREA fought to make sure your services as REALTORS® were deemed essential by the Province. But it’s not business as usual. Real estate was deemed essential so you could continue to serve clients who were closing transactions or who urgently needed to sell or buy property.

On that note, we have received many questions from Members about whether or not the essential business designation extends to include photographers, videographers, stagers, cleaners and home inspectors.

To help guide our Members during this incredibly challenging time, OREA has obtained a legal opinion on whether photographers, videographers, stagers and cleaners (referred to as “Service Providers” in this email) can provide services to REALTORS® given that Ontario has ordered all places of business to close, except those on the ‘Essential Business’ list (referred to as the “Order”).

Home Inspectors have received their own legal opinion and the Ontario Association of Home Inspectors has advised that “OAHI’s corporate counsel has confirmed home inspections are still essential ‘in the context of a real estate transaction process…’” during the State of Emergency.

Their letter can be found here at: https://www2.orea.com/e/294162/sential-service-in-ontario-htm/7sdlvq/703442835?h=Frk-2a2V9h8LNIHKxA2tQ6J0G98slKpZmqyjXgJ3_yg

Here’s what you need to know:
Yes, Service Providers such as photographers, videographers, stagers and cleaners may generally be able to do what they need to do at the Seller’s home in support of a real estate transaction.

Service Providers would fall within the “Essential Business” category of Supply Chain businesses that supply another Essential Business, namely the real estate agent services.  However, at least the following steps are required:

  1. The REALTOR® (and not their client) contracts with and retains the Service Provider’s services;

 

  1. Especially in the case of videographers, cleaners and stagers, the REALTOR® has appropriately contracted with their client to provide the client with those services;

 

  1. Only people absolutely necessary attend; and

 

  1. All other Emergency Orders and laws are followed (e.g. no more than 5 persons on the property etc.) including local public health authority guidelines.

This is based upon Ontario’s Emergency Orders in place April 9, 2020. As the COVID-19 situation is constantly changing, please note that the rules can change at any time.

Most importantly, because the condition and characteristics of the property, the market and the specific contracts a REALTOR® may have with both the Service Provider and their client are unique and the behaviour of both the Service Provider and REALTOR® are also contributing factors, this document can only act as a ‘general guide’. An absolute answer requires consideration of all of these factors on a case-by-case basis.

Finally, the responsibility rests with the Service Providers to comply with any Emergency Orders and the law when providing their services. A REALTOR® should not instruct the Service Provider to do anything a Service Provider does not consider to be legal.

For more information please see a summary of the detailed analysis here and feel free to email info@orea.com with your questions.

Author: bramptonrealestateboard

At the Brampton Real Estate Board (BREB) we believe in the ownership of Real Estate. Our objective is to contribute to the capability and growth of our members in their endeavors by marketing all forms of real property throughout the greater Brampton, Halton Hills and Caledon marketplaces and beyond. The Brampton Real Estate Board is dedicated to providing an environment in which it’s Member REALTORS®, employees, Board of Directors, and Committee volunteers are encouraged to grow, succeed and develop in order to provide the highest level of professional conduct and service.

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