Navigating Ontario Real Estate Amidst COVID-19: A Brokerage’s Comprehensive Safety and Business Continuity Protocol

As the president of two prominent Ontario brokerages, overseeing 450 dedicated salespeople across multiple vibrant Ontario centres, our paramount commitment during the unprecedented COVID-19 crisis has always been clear: our people must STAY HOME and STAY SAFE. This directive is not merely a suggestion; it is a foundational principle guiding every decision we make. However, our responsibility extends far beyond simply safeguarding the immediate health of our agents and their valued clients. We firmly believe that our brokerage bears a crucial obligation to empower our agents, helping them protect their vital businesses and continue to serve their clients with confidence and integrity, even amidst challenging market conditions.

The Evolving Landscape: Adapting Real Estate Operations for Safety

The global pandemic dramatically reshaped the real estate industry overnight, introducing new complexities and necessitating innovative solutions. While virtual tours and digital consultations have become invaluable tools, the reality remains that there are still circumstances where essential “in-person” property showings and critical appointments must be conducted. These unavoidable interactions present unique challenges, demanding meticulously crafted protocols to minimize risk and ensure everyone’s well-being.

Recognizing this critical need, our leadership team has diligently developed a suite of robust documents and streamlined procedures. These initiatives are specifically designed to protect not only the immediate health and safety of our Keller Williams Realtors when facilitating essential “in-person” showings and appointments, but also to safeguard their long-term livelihood. Furthermore, we’ve introduced a much more comprehensive Schedule ‘C’, which we strongly recommend for insertion into all newly written Agreements of Purchase and Sale. For enhanced security and peace of mind, we also emphasize amending previously accepted Agreements of Purchase and Sale to include this vital Schedule ‘C’, thereby proactively fortifying the upcoming closing of the transaction against potential pandemic-related disruptions.

Before adopting our specialized Schedule ‘C’ or any of the COVID-19-related forms or practices discussed herein, we strongly urge all Realtors to consult meticulously with their respective real estate brokerages. If necessary, further guidance should be sought from their brokerage’s legal advisors. While we have embraced these forms proactively as a cornerstone of our risk mitigation strategy, individual brokerages may have differing policies or legal interpretations that could influence their applicability in your specific context.

Our strategic approach stems from a profound understanding that the COVID-19 pandemic is not a fleeting, two-week concern. Instead, it represents a dynamic and persistent challenge that will likely linger for an extended period. As we gradually transition out of the acute phase of the pandemic, consumers will undoubtedly continue to prioritize and seek tangible assurances that their health and overall well-being are diligently protected throughout the real estate process. This enduring consumer expectation provides yet another compelling reason to integrate our robust COVID-19 forms and protocols into everyday practice, reinforcing trust and professionalism in a cautious market.

Schedule ‘C’: A Comprehensive Safeguard for Real Estate Transactions

Our proprietary Schedule ‘C’ stands apart from many other schedules currently circulating within the industry due to its unparalleled comprehensiveness. It meticulously addresses and provides robust safeguards against a significantly broader spectrum of potential scenarios that could arise during a real estate transaction. Crucially, it accounts for the automatic extension of both the requisition date and the closing date, a vital dual protection necessitated by various unforeseen circumstances:

Service Interruption at the Land Registry Office: Delays or closures at land registry offices can severely impede the registration of deeds and other vital documents, directly affecting transaction timelines. Our Schedule ‘C’ anticipates this.
Banking System Interruption or Closure: A disruption in the banking system, whether localized or widespread, can prevent the timely transfer of funds, impacting mortgage disbursements and final payments. The schedule provides a clear framework for addressing such events.
A Party to the Agreement Contracting COVID-19: The personal impact of COVID-19 on a buyer or seller, leading to incapacitation or isolation, can directly obstruct their ability to fulfill contractual obligations. Schedule ‘C’ offers a compassionate yet practical mechanism for extension.
Inability to Obtain Title Insurance Due to Company Closures: Title insurance is a critical component of most real estate transactions, protecting against unforeseen claims to property ownership. If title companies face closures or severe operational disruptions, securing this insurance can become impossible, jeopardizing the closing. Our schedule specifically covers this often-overlooked risk.

In contrast to typical schedules that predominantly focus on extending only the closing date, our Schedule ‘C’ meticulously accounts for the equally critical necessity of automatically extending the requisition date as well. This distinction is paramount. Consider numerous scenarios where a buyer’s solicitor might have already conducted their due diligence searches and submitted their requisitions to the seller’s solicitor prior to an unforeseen event requiring a closing date extension. Without a corresponding extension of the requisition date, the buyer’s solicitor might need to conduct entirely new searches or update existing ones, incurring additional costs and administrative burdens, all while operating under outdated requisition deadlines. Our holistic approach prevents this oversight, ensuring that both key dates are synchronized and protected, thus maintaining the integrity of the legal due diligence process.

Beyond transactional dates, the Schedule ‘C’ we have developed also introduces a more comprehensive and secure method for transferring keys to the buyer on closing. This modern approach accounts for several contemporary practices and safety considerations:

Provision of Lockboxes: If necessary, the schedule allows for the provision of one or more lockboxes, facilitating contactless key transfers.
Proper Key Labelling: Ensures all keys are clearly labelled for easy identification, reducing confusion and potential delays for the new homeowners.
Off-Property Lockbox Locations: Acknowledging the increasing trend, the schedule accounts for lockboxes potentially being located somewhere other than the property itself, such as the seller’s lawyer’s office – a practice becoming far more common for security and convenience.

Furthermore, our Schedule ‘C’ explicitly supports and facilitates paperless closings, aligning with the progressive provisions of the Electronic Commerce Act, 2000, S.O. 2000, c.17. This not only enhances efficiency and reduces administrative burden but also significantly minimizes physical contact, aligning perfectly with contemporary health and safety guidelines.

The COVID-19 Forms Protocol: Ensuring Safety at Every Touchpoint

To further bolster our safety framework, we have meticulously developed a protocol encompassing five specialized COVID-19 forms. These forms are designed to be integrated at various stages of the real estate process, ensuring consistent vigilance and transparency:

Form 1: Utilized for all sellers/occupants on MLS or exclusive listings, capturing crucial health declarations.
Form 2: Employed by the listing brokerage for all MLS or exclusive listings, documenting their protocols and responsibilities.
Form 3: Uploaded to MLS and used by a co-operating brokerage or in multiple representation scenarios when requesting a showing via MLS or an exclusive arrangement.
Form 4: Also uploaded to MLS and completed by a co-operating brokerage or in multiple representation for all buyers requesting a showing through their Realtor.
Form 5: Designated for use by all third-party service providers, including home inspectors, appraisers, and home stagers, when requesting an “in-person” appointment directly through the listing brokerage.

At their core, all five forms embody essentially the same critical representations, serving as a vital front-line screening mechanism:

Health Declaration: The party executing each form declares, to the best of their knowledge and belief, that they are in good health concerning COVID-19 symptoms and exposure.
Travel and Contact History: Confirmation that they have not travelled outside of Canada within the last 14 days, nor have they been in close contact with anyone who has recently travelled or contracted COVID-19.
Adherence to Protocols: An explicit acknowledgment and agreement to strictly adhere to prescribed methods for viewing the home or attending the property as a third-party service provider, which may include specific instructions regarding mask-wearing, social distancing, and touch limitations.

While rigorously protecting the confidentiality of each party involved, their essential personal contact information is securely retained by their respective representative for a period of 14 days following an “in-person” showing or appointment. This proactive measure ensures that individuals can be promptly contacted if it is subsequently determined that they may be at risk due to contact with someone who later tests positive for COVID-19, supporting crucial contact tracing efforts responsibly and ethically.

It is imperative to acknowledge that while our Realtors and listing brokerages make their absolute best efforts to verify health declarations and ensure adherence to showing procedures, they do not possess the clinical capacity or legal authority to definitively confirm the absolute accuracy of every health representation, nor can they guarantee that all showing procedures will be perfectly adhered to in every instance. Therefore, the forms explicitly confirm that the Realtor and the Listing Brokerage are fully released from any claim or claims resulting from the contracting of COVID-19 due to an “in-person” showing of the property. This disclaimer is not a waiver of responsibility but rather a transparent acknowledgment of the inherent limitations in verifying self-reported health information and monitoring compliance during private interactions, providing a crucial layer of protection against unforeseen liabilities.

Currently, there exists a significant liability exposure for all “in-person” showings conducted without comprehensive documentation that attests to the health status of each party concerning COVID-19, or without clearly articulated and agreed-upon procedures for attending the home. We firmly believe that our comprehensive suite of forms provides an unparalleled level of protection for our Realtors, our brokerage, and our clients. Beyond risk mitigation, these protocols serve a vital secondary purpose: instilling greater consumer confidence for essential “in-person” showings and appointments, thereby facilitating transactions in a cautious and discerning market.

Building Trust and Ensuring Business Continuity in a Post-Pandemic World

The implementation of such rigorous protocols—from the detailed Schedule ‘C’ to the five specific COVID-19 forms—is about more than just compliance; it’s about establishing a new standard of professionalism and care in the Ontario real estate market. By proactively addressing potential health risks and transactional disruptions, our brokerage empowers its agents to operate with increased security and assurance. This, in turn, translates into greater trust from clients, who are increasingly looking for partners who prioritize their well-being alongside their financial interests.

These comprehensive measures provide a clear competitive advantage. In an environment where health concerns are paramount, brokerages that can demonstrate a robust, well-thought-out safety framework will naturally attract more discerning clients and talented agents. For our Realtors, this means not only the peace of mind that comes with reduced personal and business liability but also the ability to continue conducting business effectively, safeguarding their income and maintaining client relationships even during challenging times.

Ultimately, these adaptations are not merely temporary fixes for a crisis. Many of these best practices—such as clearer contractual language regarding unforeseen delays, enhanced digital closing capabilities, and a heightened awareness of health protocols—are likely to become permanent fixtures in a more resilient and modern real estate industry. Our commitment is to lead this evolution, ensuring that our agents and clients are always at the forefront of safety, efficiency, and trust.

Connect With Our Experts for Further Guidance

For more detailed information regarding our comprehensive COVID-19 protocols, or if you wish to obtain copies of these innovative forms, please do not hesitate to reach out to our dedicated team. We are here to support and guide you through these evolving times. Feel free to contact Gary McGowan, our esteemed General Manager in Newmarket, at [email protected]. Alternatively, you can connect with Andrew Ouellette, our dynamic Team Leader in Ottawa, at [email protected]. Our experts are ready to provide clarity and share our strategies for navigating the complexities of the current real estate landscape safely and effectively.