Are walkthroughs disclosures required in California?

Question

I have a rental in California, SD County, where I have a tenant in place. I had a friend, who is not officially a property manager, walk through the property for an annual inspection. The tenant emails me stating that she did not receive a disclosure during the visit. Is this law? I live in Virginia, but I have not heard of such requirement. Her message was as follow;

"BTW- I don't know if you are aware but the gal you had come over isn't a property manager. I asked her what company she is with and she said she isn't with one and that she just does work for you. With requirements of Covid and walkthroughs I was expecting her to bring disclosures over, etc. She didn't give me anything.
Just want you to be aware so if she does more walkthroughs for you she brings disclosures to the properties."

Is there truth to that?

Thanks.

Tammy Mason · Answer

Is the tenant referring to COVID disclosure form? If so,  You can check the details from here : https://www.carcovidupdates.or...

Jeff R. · Answer

Thank you @Tammy Mason @Kenneth Donaghy @Gregg Watkins @Chad Hale; this definitely has shed some light on property inspections during this COVID crisis. I hope the replies to this post are as helpful to other property owners and PM as it has been to me.

Excerpts about the PEAD-V from the FAQ section;

Does the PEAD-V form have to be signed in advance of entering the property? I thought the PEAD form was optional.

Yes. The PEAD form was previously optional. But now the Industry Guidance requires all persons entering the property to 1) comply with the Posted Rules of Entry as a condition of entry, and 2) agree to the prevention plan.  So, in signing the PEAD-V, visitors are at the same time agreeing to these two sets of rules – which is required.Does any other document need to be signed in advance by a person entering the property?

No. Only the PEAD-V needs to be signed. But the prevention plan is pre-checked and attached to the PEAD-V. So, a buyer who electronically signs the PEAD-V will agree to and receive the prevention plan. Who must sign the PEAD-V?

Every person entering the property including clients, appraisers, inspectors, stagers, contractors, repairmen and even buyer’s agents. Does the PEAD-V have to be signed electronically?

Yes. Another Industry Guidance rule is that all information must be delivered electronically. Further, agents must discontinue providing handouts or other types of promotional or informational materials. So, the PEAD-V must be signed electronically.What are other purposes of the PEAD-V?

In addition to obtaining the agreement to follow the Posted Rules for Entry and the prevention plan, the visitor assumes the risk of entering the property and the visitor attests they are not, to the best of their knowledge, afflicted with COVID-19, among other things.

Kenneth Donaghy · Answer

@Jeff R. and everyone above Its my understanding at the beginning of Shelter in Place C.A.R negotiated real estate to be listed as an essential business. In so doing also created protections such as PEADs "Declarations," which some are calling Disclosures. It's actually to the benefit if the real estate professional. Say your friend/or person working on your behalf, was unknowingly infected or contagious with COVID, and passed it on to your tenants. There could be some liability, which could bring forth legigation. C.A.R. put these procedures in place to protect us from unforeseen or future costly liabilities.

Chad Hale · Answer

@Jeff R.  Yes, using the PEAD-V forms for entry as @Gregg Watkins said.  Not sure if it is the "law" but definitely a good idea.

Matt Devincenzo · Answer

I think she confuses 'legally required' and 'required by private organization/associations'. There is this form that is available to Realtors and that they are probably 'required' to use as a member Realtor. To my knowledge there is no government requirement for private LL or their associated assistants to provide the same. And as long as your friend isn't holding themselves out to be a PM, and being compensated for managing the property they are completely ok to simply complete a walk-through for you.

My response would likely be "Thanks for the info. I haven't heard that there is a State requirement to provide these disclosures, would you mind sending over a link to that info for me to take a look at? I appreciate you facilitating the inspection the other day."

Gregg Watkins · Answer

@Jeff R. We do use a COVID CAR disclosure form in CA/San Diego called the PEAD-V - CORONAVIRUS PROPERTY ENTRYADVISORY AND DECLARATION - VISITOR. All visitors (brokers, agents, buyers, tenants, other, etc.) should sign a PEAD-V form and deliver it electronically in advance. You can find additional info at: https://www.carcovidupdates.org/faq-showings

Jeff R. · Answer

@Matt Devincenzo You are correct. We spoke with Apartment Owners Association.  They said that CAR has those forms in place only for sales of the property.  From a property management perspective, there are no guidelines that are required to be followed.

Matt Devincenzo · Answer

To clarify though the PEAD-V and associated FAQ only applies to Realtors. I as an individual LL not only don't have to provide that form, since I am not a Realtor I should not be uskng their form per their disclosures at the bottom. I realize many people do, but those forms are supposed to be for member Realtors not the general public. I am still not aware of a State requirement to provide these disclosures, only a private member organization (C.A.R) requirement to do so.

Jeff R. · Answer

Yes. because of COVID, she mentioned some disclosure. However, I reached out to a property manager out in San Diego County and has not come across such a mandated requirement. @Chad Hale

Chad Hale · Answer

@Jeff R. Then just notice according to lease and local laws should be sufficient.

Is the tenant referring to a COVID disclosure by chance?

Are walkthroughs disclosures required in California?

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