Compass & Redfin were sued because of their website. Are you next?

Tracee Jones • March 24, 2020

Lawsuits for non-ADA compliant real estate websites present real threat for real estate professionals.

Lawsuits filed against Compass, Redfin and the Nevada MLS for having websites that are inaccessible to the visually & hearing impaired brought an issue that NAR has been trying to warn us of close to home.

In October 2017, NAR issued a warning that REALTOR® associations and members should be aware of a growing legal threat from unscrupulous law firms hoping to cash in on the federal government’s delay in issuing final rules for how to make websites accessible to Americans with disabilities. The warning came after they learned of real estate brokerages receiving threatening letters claiming that their websites are not compliant with the Americans with Disabilities Act. The law firms that filed the suit often say they would be willing to settle the matter for a small fee.

Since NAR's initial announcement, it's no longer just threatening letters that business owners are receiving, but actual lawsuit notices. According to the National Law Review, and NAR Legal Counsel Associate, Kelley Garrity, the number of lawsuits siting that business websites are not accessible to impaired users is on the rise. In the first quarter of 2019 alone, the number of lawsuits for non-ADA compliance was up 131% from the previous year. 

With the growing number of news reports uncovering individuals filing multiple lawsuits, and a nationwide ring of individuals and attorneys targeting businesses for non-ADA compliant websites, the number of lawsuits for non-complaint ADA websites is only expected to escalate. In Florida, a local NBC affiliate reported on a woman who filed 175 ADA lawsuits, while another station reported on a woman in Oregon being linked to filing as many as 1000.

WHAT YOU SHOULD KNOW AS A BROKER ABOUT ADA COMPLIANCE FOR WEBSITES

 
1. ADA rules that once only applied to physical properties now apply to the internet under the American Disabilities Act.

2. If your brokerage's website, or a website belonging to one of your teams or agents are targeted, the courts have been ruling mostly in favor of the plaintiff on the grounds of discrimination.

3. The business owner (owner of the website) is the person responsible for paying for damages, not your website developer or the company that hosts your site. Damages can range from tens to hundreds of thousands of dollars. 
4. Legislation is not final on the ADA, and many of the rulings have been based on generalizations of the law. Having a website that is not compliant is treated the same as a discrimination. NAR Legal Counsel is advising everyone to protect themselves, and take measures to get their sites ADA Compliant. 

5. Based on recent activity, NAR Legal Counsel is advising Brokers, Agents & Associations to take measures right away to get their sites protected. 

6. There are 30+ steps to make a website compliant. Unless you have coding and programming skills, you may need to hire a company to help you with this.  

 To access videos of news report and NAR Legal Counsel, Kelley Garrity, or to get help making your site ADA Compliant, click  the button below.
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By Tracee Jones April 10, 2019
Whether you’re working with partners, colleagues, vendors, or employees, you will need to build a team to become a successful real estate investor. Most things in life simply cannot be done on your own. But not all teams are created equally. A great team will be more than the sum of its parts. On the other hand, a mediocre team will be little more than a collection of individuals, and a bad team will actually be worse than the alternative of everyone working on their own. With real estate, as with most things, it is critical to form a competent and effective team. In fact, it will be critical to form multiple competent and effective teams. We hope you never have to evict a tenant, but know it’s always wise to prepare for the worst. Navigating the legal and financial considerations of an eviction can be tricky, even for the most experienced landlords. Lucky for you, the experts at BiggerPockets have put together a FREE Guide to Evicting Tenants so you can protect your property and investments. What Makes Teams Great You may have heard that the most effective way to brainstorm in a group setting is by just having everyone throw ideas out there without judgement and write them all down. Then, after everyone has exhausted every idea they can think of, you begin to discuss and evaluate the various ideas. One of the reasons this is so effective is because it puts everyone in the group at ease. No one is afraid of looking stupid if you’re just throwing ideas out there. Indeed, such brainstorming sessions usually work best when the leader makes it explicit that weird and goofy ideas are not just permitted, but encouraged. Every once in a while, those goofy ideas are actually brilliant. Nowadays, we all take successful real estate or real estate-related companies such as Zillow , HomeVestors , and even BiggerPockets for granted. But creating a profitable online property database with an algorithm to give a value estimate of each property, franchising a real estate investment company nationwide and creating a real estate information website that would be more than a blog but also profitable without the expensive guru products very well sounded unrealistic and maybe even goofy before they were launched. How many other “goofy” ideas are out there waiting to be uncovered? This can go for individual properties, too. You would be shocked at the things my dad has turned into student rentals . They include an office building, an old frat house, and a cider factory originally built in the 19th century! And we’ve used some fairly creative techniques to close packages of 41 and 97 houses as well. In Smarter Faster Better , Charles Duhigg describes the research of Amy Edmondson on effective teams. She found that: “…a handful of good norms that seamed to be consistently associated with higher productivity. On the best teams, for instance, leaders encouraged people to speak up; teammates felt like they could expose their vulnerabilities to one another; people said they could suggest ideas without fear of retribution; the culture discouraged people from making harsh judgements. As Edmondson’s list of good norms grew, she began to notice that everything shared a common attribute: They were all behaviors that created a sense of togetherness while also encouraging people to take a chance. “‘We call it ‘psychological safety,’ she said. Psychological safety is a ‘shared belief, held by members of a team, that the group is a safe place for taking risks.’ It is ‘a sense of confidence that the team will not embarrass, reject, or punish someone for speaking up… It describes a team climate characterized by interpersonal trust and mutual respect in which people are comfortable being themselves'” (Duhigg 50). Effectively, team trust is built by encouraging openness and creativity and discouraging premature judgement. This starts with you. If you ever want to read a book that will make you feel utterly depressed about yourself, I highly recommend you read Why You Suck at Life and Are Basically the Worst Person to Ever Live What Got You Here Won’t Get You There by Marshall Goldsmith. The book is a kick in the gut, but a needed one if you want to improve and become a better leader. He notes 20 bad habits that many successful people have that hinder them from getting to the next step. One is called “killing the messenger.” I figured that I obviously don’t have that. But it turns out I do because “killing the messenger” is more than just blaming someone who gives you bad news for that bad news. It’s actually just getting angry at the bad news once it’s given to you, even if that anger isn’t directed at that messenger. This is because no matter how obvious it is to you that you aren’t mad at them but just mad at the situation, it comes off to the person that gives you the news that you are mad at them. A strong reaction to situations such as these makes people not want to tell you bad news and also not want to give you those weird and goofy ideas because they know you are likely to get angry. Most people don’t like making other people angry. This dynamic works the same in groups. It is thus very important to keep the tone of meetings positive and optimistic and prevent hostility, even if that hostility is pointed at someone outside of the group. Creating a Communal Team Duhigg notes two major points that good teams need: The first is that “…all the members of the good teams spoke in roughly the same proportion.” And second, “…good teams tested as having ‘high average social sensitivity’—a fancy way of saying that the groups were skilled at intuiting how members felt based on their tone of voice, how people held themselves, and the expressions on their faces” (60-61). It may be a bit touchy-feely, but you need to keep these things in mind as you lead a team or even participate in a team. Don’t just meet for the sake of meeting. Be active in getting everyone to participate and keeping the tone optimistic and encouraging. I will leave you with these five points Duhigg quotes from Lazlo Bock’s, Google’s head of Operations Department, advice on what a effective team needs: “Teams need to believe their work is important. Teams need to feel their work is personally meaningful. Teams need clear goals and defined roles. Team members need to know they can depend on one another. But, most important, teams need psychological safety” (67). When putting a team together, keep these principles in mind. See building the team’s dynamics as a project in itself and not something that just happens. Teams are much more than just a group of people working together to solve whatever problem. What have you found to work in building great teams within your business? ABOUT AUTHOR Andrew Syrios has been investing in real estate for over a decade and is a partner with Stewardship Investments, LLC along with his brother Phillip and father Bill. Stewardship Investments focuses on the BRRRR strategy —buying, rehabbing and renting out houses and apartments throughout the Kansas City area. Today, they have over 300 properties and just under 500 units. Stewardship Properties on the whole has just under 1,000 units in six states. Andrew received a Bachelor's degree in Business Administration from the University of Oregon with honors and his Masters in Entrepreneurial Real Estate from the University of Missouri in Kansas City. He has also obtained his CCIM designation (Certified Commercial Investment Member). Andrew has been a writer for BiggerPockets on real estate and business management since 2015. He has also contributed to Think Realty Magazine, REI Club, Elite Daily, Thought Catalog, The Data Driven Investor and Alley Watch. This article was first published in the BiggerPockets
By Tracee Jones March 13, 2019
Often we are asked, what should we focus on first --- social media? Video? Blogging? There is an order that works. We start with the foundation first because it doesn't matter if we put you in front of your ideal client. If they find you, and you're image and your content doesn't convert, it won't help you close the deal. In our Digital Marketing Playbook, we show you the order you should focus on your marketing. Download HERE for FREE now!