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Colorado Real Estate Brokers: Protect Yourself (And Your Clients) From COVID-19 Risk

Updated August 9, 2021

It’s an understatement to say 2020 was chock-full of challenges and surprises. Real estate buyers, sellers, brokers, and service providers alike adjusted and adapted in the face of a global pandemic. As the COVID-19 pandemic emerged in early 2020, our firm developed a COVID-19 Disclosure and Release Agreement bundle (the “COVID Bundle”) for real estate brokers and property managers to use while navigating the unknown. As the Colorado real estate market rolls through 2021, we have improved our COVID Bundle using lessons learned from 2020. Even with the emergence of several vaccines, businesses must remain diligent about mitigating COVID-19 liability risk. If you are interested in purchasing a COVID Bundle, please contact me with a brief description of your needs.

UPDATE: The 2021 COVID Bundle was initially designed to work alongside Colorado’s COVID 19 Dial. The dial allowed for communities to determine the severity of COVID 19 spread and operate accordingly. Pursuant to Public Health Order 20-38, the COVID-19 Dial has been rescinded. Public Health Order 20-38 includes limited requirements for individuals and businesses to contain the spread of COVID-19 in Colorado. The order requires that individuals who are unvaccinated or not fully vaccinated continue to use face coverings in certain settings that serve vulnerable or at-risk populations including homeless shelters, prisons and jails, and in emergency medical and other healthcare settings. Requirements concerning the use of face coverings by fully vaccinated individuals, as well as capacity limits on business operations have been repealed. Please continue to regularly check for updates from the Colorado Department of Public Health & Environment.

However, as the pandemic continues to evolve, brokers and property managers should consider implementing COVID-19-specific contractual provisions and obtaining waivers and releases to protect themselves, their businesses, and their clients. If you purchase a COVID-19-related product or clause, please contact me intermittently to ensure your version is up to date.

* Research for this update was provided by Law Clerk Lauren M. Taylor.

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