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As a Realtor®, am I eligible for Pandemic Unemployment Assistance? There are no specific restrictions on rental transactions, though the practical impacts of implementing the current mitigation and enforcement order (effective November 27, 2020) may be different in those contexts. While the Office of Unemployment Compensation indicated on April 21 that the system was corrected, individuals should try to file the unemployment compensation claim again. PUA certification must be filed weekly to be paid. 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. » READ MORE: Coronavirus leaves home buyers and sellers in limbo — and at financial risk. Contact your local Realtor®-association school for additional information on course availability. 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. 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. However, the following document may be helpful to establish the lack or inability to work: What is considered income for the PUA claim – does Social Security, pension or child support and alimony constitute income? Is there an exception to the travel rule for out-of-state clients who only come into Pennsylvania for short visits? It also includes and Assumption of Risk paragraph that serves as a liability waiver. The PAR form has a question asking if the individual has recently traveled to/from a location subject to a Federal or State travel advisory. View photos, see new listings, compare properties and get information on open houses. You can find additional virtual marketing resources on the NAR website. Also, for PUA, you must be unemployed for COVID-19 related reason, as outlined in the U.S. Department of Labor PUA guidelines. (rev. (rev. (rev 11/24/2020) Vacant properties are not treated any differently than any other type of property under the current orders. Is real estate an "essential business" in Pennsylvania? (6/12) Generally, if an individual is called by an employer to return to work and one fails to return to work, they would be deemed ineligible for benefits. It is true that any written document with health-related information (such as PAR Form COVID-HSA) should be treated with a degree of confidentiality just as a general matter, but Realtors® should have strong systems in place for collecting and storing other similar items such a financial data or social security numbers. 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." (11/25/2020) Yes. But the ban on in-person showings and other interactions has depressed home sales. The commonwealth permitted in-person real estate activity only in counties in the yellow phase of reopening. Prospective licensees should work with schools and potential brokers to facilitate the pre-license process as best as you can. Real estate agents say there is a "pent up demand" for housing and expect the real estate industry to open strong out of the gates once the state's shutdown is lifted throughout the state. 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). 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. However, as we discussed earlier, that when filing for PUA, if there are W-2 wages within the last five quarters, it may result in the individual receiving an ineligibility message on the unemployment compensation system. A list of our real estate licenses is available here. (6/12) For a Realtor® such documentation may be tricky. Access rules for each property would have to be assessed individually. Many people weren’t comfortable buying a home without being able to walk through it. 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. Governor Tom Wolf today announced that starting today, businesses and employees in the real estate … Box 2649, Harrisburg, PA 17105-2649 Physical Address One Penn Center, 2601 N. 3rd Street Harrisburg, PA 17110 Drop-Off Hours: Effective … 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. As a Realtor®, what earnings history should I be using? (6/12) Any receipt of income must be reported when you file your weekly claim for PUA, and it will impact benefits during the filing period. PAR generally recommends the use of a health screening similar to that found in Form COVID-HSA. Zillow, Inc. has a real estate brokerage license in multiple states. The commonwealth permitted in-person real estate … (11/24/20) The original state orders differentiated between what the governor determined were life-sustaining and non-life-sustaining businesses. 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. Among other things, brokers must identify and provide notice to anyone related to the transaction who is a "close contact" of the positive individual (within about 6 feet for about 15 minutes), and be able to provide that information to Department of Health contact tracers upon request. Do NOT try to draft language that creates any sort of automatic extension under certain conditions. (rev. The Pennsylvania Association of Realtors had been lobbying for the state to reopen real estate on behalf of its 35,000 members. On May 19, the Wolf administration issued new statewide real estate guidance that applies to all real estate transactions in Pennsylvania. What rules do I have to follow if my office stays open? 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. In addition, while PSI testing centers have reopened - at least partially - there continue to be backlogs and delays in scheduling exams. Given that this order requires testing/quarantine for those coming from any other state, anyone crossing state lines should answer "yes" to this or a similar question, and should then be prepared to provide proof of a negative test (unless planning to quarantine). But even without that language in a contract, a broker can absolutely require that affiliated agents obey the law and relevant rules issued by the state. Find 2723 homes for sale in Montgomery County with a median listing price of $349,000. If the individual is unemployed from the W-2 job, the individual should file for regular unemployment. Practically speaking, this means that brokers and agents should be much more proactive about obtaining relevant contact information for all participants involved with in-person activities. This means no showing, client visits, etc. Processing times are as much as 4 weeks from receipt in the mail. If all money in the plan is from the employer, then 100% of the benefit received reduces the amount of unemployment compensation benefit received. How should we handle positive COVID-19 tests? Among the options included in PAR's suggested best practices: Mask-related violations are some of the most common consumer complaints to PAR and local associations - often because sellers can see buyers and buyer agents at the door or in the house with existing cameras. That period of time is a five-quarter look back, with the most recent quarter dropping off. A virtual open house is a real-time video-streaming event conducted for the public, an office or other brokers. 11/25.2020) No. 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. Note that the travel testing/quarantine order (effective November 20, 2020) could affect commercial clients on both sides of the transaction if they are coming into Pennsylvania from another state. (12/8/2020) No. 11/24/2020) The current mitigation and enforcement order, effective November 27, 2020, states that businesses must conduct their operations remotely "unless impossible." (6/12) According to the PUA website, applications are being evaluated. When providing an employment history, it is best summarize it. New transactions, however, were put on hold. 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. “People need to go in,” he said. 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. "Frankly, it means that people can move on with their lives,” said Bill Festa, president of the Pennsylvania Association of Realtors. For schedule, Realtors® work all hours of the day (and night). Licensees should attempt to perform activities remotely without contact whenever possible. Likewise, the right to receive Social Security benefits are based on earning over time. (rev. However, if the W-2 job is the primary source of income, PUA is not available to the Realtor®. 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. What if I did not renew my license prior to the extended deadline of August 29, 2020? Any licensee who did not renew by that date will show in PALS with an expiration date of May 31, 2020 (the original renewal date), and cannot continue to practice until the license is reactivated. (rev. The mitigation/enforcement order (effective November 27, 2020) contains language extending a limited civil immunity to businesses that properly enforce the mask requirement with their customers and the public. If I am a Realtor®, but I also have a second W-2 job, am I eligible for PUA? (rev. If an individual continues to receive the ineligibility message, they should either proceed with filing for regular unemployment compensation at UC.pa.gov or contact the office at [email protected]. Receipt of Payments 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." Are there testing or quarantine rules that apply to out-of-state clients traveling to Pennsylvania? 23,484 homes for sale in Pennsylvania priced from $10,000 to $38,250,000. 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. 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. 1/5/2021) The general mitigation and enforcement order (effective November 27, 2020) states that businesses must conduct their operations remotely "unless impossible," and imposes a number of other rules and restrictions on how those activities must be conducted. Now that real estate can be practiced statewide, will Realtors® still be able to collect PUA or will they be forced to work? Physical receipt of the commission check is not relevant. Any errors with the system should be corrected at this juncture. "They need to see; they need to smell the house.”, » READ MORE: Coronavirus delays Philadelphia’s busy spring housing market. 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. 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. 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. Likewise, if the Realtor® is working under 10 hours, the individual should state that. (11/25/2020) Yes. 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. 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. Tom Wolf announced additional restrictions designed to help address the most recent increases in coronavirus cases. 4-8 weeks from the time a house is under contract and is ultimately sold and transferred. Where would we find it? 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. ** 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. Some potential sellers and buyers have been stuck in financially perilous situations in which they couldn’t move forward with transactions. Will this disqualify them from PUA? Recently, the state’s Department of Labor & Industry responded to PAR’s request for answers and clarification. Translated: It is not going to be OK to put up a sign but ignore those who don't wear masks, or to just say "OK" the first time someone says they won't wear one. © 2021 The Philadelphia Inquirer, LLC Terms of Use/Privacy Policy/California Notice California residents do not sell my data request. My latest filed taxes are from 2018, I have my 1099 from 2019, but I’ve also earned (and lost) some commissions in 2020? For example, encourage buyer clients to spend some time with pre-recorded virtual tours (if available) or suggest a virtual showing facilited by an agent before they decide to visit the property in-person. 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