by Byron King
SCR and other associations are hearing reports of REALTORS® receiving letters from law firms demanding money as settlement for ADA issues with their real estate websites.
Most successful REALTORS® operate a website.
Most Americans have some form of visual or hearing impairment even if that is merely wearing glasses. Others may be fully or partially blind or deaf or color blind.
Help your future clients/customers and avoid ADA lawsuits by ensuring your website complies with ADA and fair housing.
Since disability/handicap is a fair housing protected class, this visual/hearing impairment ADA issue is also a fair housing compliance issue for real estate licensees.
Here are some NAR legal videos on this issue:
https://www.nar.realtor/window-to-the-law/ada-and-website-accessibility-update
Consult with your web/tech expert and legal/hotline and BIC.
The software that helps with ADA issues on the websites is called Web Content Accessibility Guidelines (WCAG).
Updates:
use current WCAG software
no flashing videos/images
no images of text
use enlarged/enlargeable text
use high contrast information
avoid different colors to convey information (color blind issue)
state the type of files used
have phone/personal service as your alternative service to your website for disabled/handicapped website issues (courts may not agree that this is a defense to ADA, but such an offer can help and NAR uses)
NAR’s website accessibility disclosure (post your version on your website):
https://www.nar.realtor/from-the-nar-web-team/accessibility
Call the SCR legal hotline 803-772-5206 or info
Posted by: Byron King on 07/21/20 (This information is only accurate as of 07/21/20. You must contact SCR for updates and changes to this information after 07/21/20 as laws and regulations may change over time. SCR 803-772-5206 or email Byron)