New Jersey Realtors & COVID-19
IMPORTANT: The information contained in this webpage should not be construed as legal advice on any specific matter. The information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based upon particular circumstances. Each legal matter is unique, and prior results do not guarantee a similar outcome.
REAL ESTATE INDUSTRY FAQs
*Revised as of 8/12/21
Per EO 243, starting June 4, real estate offices "are not mandated to require employees to wear face masks or social distance at the worksite where the employee provides proof that they are fully vaccinated, as defined by the CDC, and in accordance with federal and State law. Where an employer is unable to determine the individual’s vaccination status or the individual is not fully vaccinated, employers must continue to require those employees to wear masks and practice social distancing in indoor spaces."Businesses are also "permitted to allow customers, visitors, and other authorized individuals to enter the worksite without requiring use of a mask or adherence to social distancing, regardless of their vaccination status. Employers may establish a policy that requires customers, visitors, and similar individuals entering a worksite to wear a mask and/or social distance."The EO does not prohibit an individual business (or homeowner hosting an open house) from requiring masks.Also, with regard to open houses, according to EO 242, as of June 4, there is no indoor capacity for private residences. (Until then, EO 239 has a 50 person limit.)
On Aug. 4 the Governor signed S-3691 into law, and issued EO 249 to update the original eviction statute EO 106. Eviction protections for non-payment related issues are still in place in certain circumstances. For all renters who are very low-, low-, or moderate-income level households, the moratorium for payment related evictions is still in place until December 31, 2021. For all other renters the eviction moratorium ends August 31, 2021. Protection from removal for foreclosure proceedings ends November 15, 2021.
On July 22, 2021 Governor Murphy signed A4250 which allows for permanent remote notary.
A notarial officer located in this State may perform a notarial act using communication technology for a remotely located individual if the notarial officer:
- has personal knowledge of the identity of the individual;
- has satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notarial officer; or
- has obtained satisfactory evidence of the identity of the remotely located individual by using at least two different types of identity proofing
Yes. There are five new forms available for your transactions:
- Addendum to Contract of Sale
- Addendum to Seasonal Leases
- Buyer/Seller Release Form
- Tenant/Landlord Release Form
- Virtual Showing Release Form
- Broker Open House Hold Harmless and Release Regarding COVID-19
The Seasonal Lease Addendum can be used for both. The Addendum can be used for new seasonal leases when the landlord and tenant sign the lease. The Addendum can also be used for existing seasonal leases if the landlord and tenant both agree. Please note, this Addendum is not to be used for leases that are for one year or more. The NJ Supreme Court’s decision in the attorney-review case specifically says that real estate salespersons can prepare leases for less than one year without attorney review but leases for one year or more must include the attorney-review provisions. Thus, no attorney-review provisions are required in seasonal leases or the Addendum to the seasonal lease.
If a tenant invokes the option to use their security deposit, the only ability for the landlord to recoup the money is if the lease is extended or renewed. Per Executive Order 128: “If, however, the tenant and landlord extend or renew their contract, lease, or license agreement following the date of this Order, then the tenant shall be obligated to replenish the security deposit in full either on the date six months following the end of the Public Health Emergency established by Executive Order No. 103 (2020), which was extended by Executive Order No. 119 (2020), or on the date on which the current contract, lease, or license agreement is extended or renewed, whichever is later.“
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