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Brokerages Receiving Demand Letters for Website Noncompliance
Friday, Dec 11, 2020 @ 03:24 PM

Several members have reported receiving demand letters and/or legal complaints regarding their websites being non-ADA compliant in recent days. Brokerages who receive these complaints should not ignore them. The demand letters are real, even if they are ultimately inaccurate or amount to nothing, and should be taken seriously. Consider taking the following steps should you receive these letters:

  1. Contact your legal counsel and alert them to the letter. Your legal counsel can advise you of next steps, if any. You may also consider contacting the C.A.R. Legal Hotline for advice. Your attorney can assist you in drafting a response.
  2. Contact your E&O insurance provider and alert them to the letter as well.
  3. Contact your website builder / provider to fix any accessibility issues / deficiencies. Your website builder may likely have seen these complaints before and can recommend fixes or resources to help you rectify any issues that may exist with your site. They may also be able to provide technical advice on the issues highlighted in the complaint. As a stopgap measure, C.A.R. suggests adding a add a statement to your website that provides contact information and a phone number for anyone having difficulty accessing it (see NAR’s statement at nar.realtor/accessibility).

This C.A.R. legal Quick Guide on the issue has helpful information and resources on what you can do to make your website compliant and background on the issue.

For further reading, this article has helpful information regarding website ADA compliance. If you wish to have your site tested for ADA compliance, the GSA has created a Trusted Tester Program that can connect you with qualified website testers.

Let us know if you are having any issues.
We'll respond accordingly.