Agents Sued in South Florida
Agents are being sued in South Florida! Don’t ignore the potential threat and stay educated.
We have received feedback from members that there are a wide variety of legal threats surfacing throughout the real estate industry and locally here in South Florida. Some are in the form of a demand letter and others are actual lawsuits. It's imperative that you are educated on what these potential threats may be and how to avoid them.
Top Legal Threats
ADA Compliance
Web design has evolved dramatically since the Internet was founded. Is your website W3 (World Wide Web) or ADA compliant? Ask your IT Department or Web Developers if your website is in compliance with the Americans with Disabilities Act. Did you know there are ways to have your website analyzed for it's ADA performance? There are 3rd party website plugins that might help you stay safe... Read More
Fair Housing Act
We are seeing new lawsuits take place in South Florida for violating the Fair Housing Act. It appears that testers are posing as prospective tenants or buyers. We encourage Brokers to create an internal office policy and print a copy of NAR's Fair Housing Declaration to display. Realtors® are required to uphold Fair Housing Rights as part of the Fair Housing Act. NAR has even created 'ACT,' a Fair Housing Action Plan to combat fair housing violations... Read More
Copyright Infringement
When a photographer or real estate agent takes a photo, they hold the ownership rights/copyright of that photo. The photo owner can register photos through the US Copyright Office however they own the copyright regardless. Photographers often sell the licensed use of their photos with various stipulations. At other times, photographers sell their photos, relinquish copyright and give ownership to the purchaser. Make sure you have the proper permissions when using or altering photos... Read More
Telephone Protection Act
Calling or texting someone might seem like a minor infraction, but an increasing number of Florida brokers are facing lawsuits from disgruntled consumers. These lawsuits allege violations of the Telephone Consumer Protection Act (TCPA). The TCPA extends not only to consumers but to anyone, including Realtors®... Read More
Legal Related Stories
'Clean Criminal Background' in Ads? Expect to Be Sued
Landlords who have a “no criminal background” policy – especially those who include that information in their advertising – are being sued, and when the lawyers issuing the lawsuit cite the HUD update on criminal background checks, these landlords can find themselves in a difficult – and legally expensive – position... Read More
Fair Housing Act: Words Matter in Marketing
It’s vital to review all advertisements, MLS entries and public-facing messages to make sure they comply with the Fair Housing Act and related laws that exist at all levels – local, state & federal. Realtors® have been sued over accidental mistakes in the past... Read More
Cold Calling in Real Estate Under Fire
The common industry practice of cold calling prospects to find new business is being challenged in a class-action complaint filed in a U.S. District Court in California. In 2019, Jorge Valdes from Tustin, California, filed a complaint to stop brokerages from directing real estate professionals to call consumers without their consent – a violation of the Telephone Consumer Protection Act... Read More
Steps to Follow
If you are contacted by an attorney, please follow these steps:
Step #1. Do not ignore, you must respond
Step #2. Contact Florida Realtors® Legal Hotline
Step #3. Inform your Broker*
*If website-related, inform your Webmaster, as well.
Broward, Palm Beaches & St. Lucie Realtors® is the 3rd largest local Realtor® association in the country, representing 33,000 Realtors®, 35,000 MLS subscribers, and 5 regional boards across South Florida & the Treasure Coast. For more info, visit Rworld.com or contact Communications@rworld.com.