(Below is a message from Steven D. Graham, Missouri REALTORS ® Vice President of Risk Management)
Dear Missouri REALTORS®,
I hope this message finds you well. The Residential Forms & Risk Management Committees have remained quite busy considering your collective input and what additional forms or other tools we are able to provide to assist you in dealing with the COVID-19 pandemic. Last week, we made available Rider/Amendment forms to use for both Sale Contracts (COVID-2001) and Listing Contracts (MSC-1031).
Effective immediately, we are now making available the following:
1.COVID Showing Flyer: This voluntary form is designed to allow for posting on the exterior access doors of a listed property. It asks all persons about to enter a property to confirm they satisfy basic health screening questions (and any other showing terms or protocol an Owner may establish) prior to entry. Obviously, it is impossible to effectively screen or monitor all people with complete assurance, but under current circumstances, it would seem to represent a “reasonable” step that one might take.
2. COVID-19 Release & Hold Harmless Agreement (COVID-2002): This “stand-alone” form can be used in any situation (for Seller, Buyer or Tenant clients & customers) impacted by property access needs or desires in a real estate transaction (both sales & leases). Obviously, continuing such activities (where permitted) involves a certain degree of risk which may result in illness or much worse. This form acknowledges that risk and, in light of the signatory’s desire to proceed forward, sets forth their agreement not to sue the REALTOR® involved on account of any exposure to disease-causing organisms (such as COVID-19). In other words, it releases the identified REALTOR® (and all of its agents, etc.) from all claims and liability as a result of any such possible exposure).
3.Listing Contract COVID-19 Rider/Amendment (MSC-1031): The initial version released last week has essentially been updated to incorporate the same release concept discussed above.
Like last week, we will proceed to process these forms and make them available via all of our vendors (per usual), but in order to avoid delay, they are linked within this message and accessible via our Coronavirus Resources page. These are available for your immediate use. We remain committed to providing you with the tools and information needed to navigate these trying times.
Please stay safe and healthy!
General Counsel | Vice President, Risk Management
Steven D. Graham
Vice President, Risk Management