Is Your Real Estate Website a Lawsuit Target?
Why ADA Compliance is No Longer Optional
Introduction:
For real estate brokers and agents, your website is your digital storefront. But without proper compliance with the Americans with Disabilities Act (ADA), that storefront could be a major legal liability. With a surge in lawsuits across the U.S., digital accessibility is now a non-negotiable part of doing business.
The Legal Risk: Why Real Estate is a Prime Target
Section 1
The ADA’s Title III prohibits discrimination in places of public accommodation—and courts across the country are increasingly ruling that this includes public-facing business websites. Real estate professionals are particularly vulnerable for a few key reasons:
The Nature of the Business: Real estate is a public service that facilitates fundamental life transactions (buying/renting homes). When a website acts as the primary access point for these services, its inaccessibility directly excludes users with disabilities.
High-Volume Content: Real estate sites are image-heavy, rely on complex search filters (IDX/MLS feeds), and often feature videos (virtual tours, agent profiles). Each of these elements—when lacking alt text, proper keyboard navigation, or captions—creates significant barriers for users with vision, hearing, or motor disabilities.
The Surge in Litigation: Attorneys specializing in ADA website compliance are targeting all types of businesses, frequently starting with a demand letter and aiming for quick, often costly, settlements to avoid prolonged legal defense. Even small, local brokerages have been served with cease-and-desist letters and lawsuits.
SECTION 2
Common Violations That Lead to Lawsuits
In lawsuits against real estate entities, the complaints often cite issues based on the globally recognized standard, the Web Content Accessibility Guidelines (WCAG), typically aiming for Level AA conformance.
The Stakes: While the ADA does not allow for monetary damages for the plaintiff at the federal level, it does allow for the recovery of attorney fees and court-ordered remediation. Settlements often range from tens of thousands of dollars, plus the significant cost of an immediate, full website overhaul.
Missing Alt Text on Images: A visually impaired user using a screen reader can’t understand property photos or agent headshots if the descriptive “alt tag” is missing or generic.
Keyboard Navigation Failures: Users who cannot use a mouse must be able to navigate the entire site—including property search forms, menus, and booking links—using only a keyboard.
Poor Color Contrast: Low contrast between text and background makes content unreadable for users with low vision or color blindness.
Inaccessible Forms and IDX Feeds: Search filters or contact forms that are not correctly labeled or structured are unusable for screen reader users, preventing them from accessing listings or contacting an agent.
Conclusion
Maine Line Media’s Solution: Building Your Accessible Digital Foundation
The surest way for brokerages and agents to move out of the high-risk legal territory is through proactive, professional website development. This is where a partner like Maine Line Media (MLM) can provide a secure, compliant solution.
MLM can build or revamp your website with accessibility baked into the core design, ensuring conformance with the latest WCAG standards (e.g., WCAG 2.1 Level AA).
How Maine Line Media Ensures Compliance:
Semantic HTML and Proper Structure: We use correct HTML headings (
<h1>,<h2>, etc.) and structure to make content logical and easily navigable for screen readers.Full Keyboard Accessibility: Every interactive element—from drop-down menus and navigation links to property filtering tools—is rigorously tested to ensure it can be operated by the keyboard alone.
Optimized Multimedia: All videos are provided with accurate closed captions and audio descriptions where necessary. All meaningful images, including property gallery photos, receive descriptive alt text.
Accessible IDX/MLS Integration: We specifically address the complex accessibility challenges associated with third-party listing feeds, ensuring that the property data, maps, and search functions are fully accessible.
Clear Contrast and Readability: We employ color palettes and font sizes that adhere to strict contrast ratios to maximize readability for all users.
Partnering with Maine Line Media moves your website from being a potential legal liability to a professionally built, inclusive platform that expands your reach to all potential clients.
✅ Check Your Site: An Immediate Action Step
If you’re unsure of your current website’s accessibility, your first step should be to run an automated audit. While these tools do not catch every single violation (manual testing is essential), they can quickly flag many of the common, high-risk technical errors.
Free ADA Compliant Web Checker Tool:
Free ADA and WCAG compliance checker
Simply enter your website URL into the checker to generate an initial report detailing accessibility errors, alerts, and structural elements.
Ready for the next steps?
Ready to discuss a compliant website strategy that protects your brokerage and agents from unnecessary legal exposure while welcoming all clients?
Would you like to schedule a free initial consultation with Maine Line Media to audit your existing website’s accessibility and discuss a compliance roadmap?