Concerns in the real estate industry are mounting as more states move toward tougher coronavirus restrictions—including lockdowns in New Mexico and Oregon. As COVID-19 cases surge to a record high nationwide, at issue is whether states will deem real estate an essential service if they reinstitute mandatory stay-at-home orders. New Mexico, which implemented a stay-at-home order last Friday, did not categorize real estate as essential. But though physical brokerages in the state must close, brokers and agents can continue working remotely and fulfilling transactions as long as they have no in-person contact with clients or other professionals.

Other states, such as Illinois, Michigan, and Washington, have put less aggressive rules in place that do not affect real estate. But governors there have indicated a full lockdown is likely, which could potentially force pros to scale back their business activities dramatically. It’s up to each state to decide whether to categorize real estate as essential.