As Illinois regions move into Phase 4 of the Governor’s restoration plan, many of the now familiar safety measures remain in place. While more business practices and activities will now be permissible, this still doesn’t mean that all available options should be immediately employed. With these concepts in mind, consider the legal answer to the questions below, along with suggestions for best practices.

A. Real estate brokerages are legally allowed to hold open houses so long as all of the safety measures can be observed. These include social distancing where possible, with face coverings where social distancing can’t be observed and frequent cleaning. Groups of more than 50 are prohibited.

Even if legally permissible, brokerages should carefully consider whether open houses are the safest option for their clients, their brokers and consumers. Each attendee brings a different set of contacts into the property. Brokerage policies should consider incorporating the use of technologies (like virtual open houses) to reduce physical presence, especially for the early stages of marketing properties. Use appointments in a consistent and non-discriminatory manner to physically view the property and incorporate the best practices from above, while keeping the number of contacts smaller.