Real Estate Brokers, Agents Buyers & Sellers:
South Florida's leading Americans with Disabilities Act
(ADA) Compliance Company, time and time again we encounter
angry clients who have recently purchased commercial real
estate, only to find themselves quickly involved in ADA
groups representing the rights of the disabled bring the
litigation. In many of these suites, called boilerplate
or drive-by lawsuits, the Plaintiff never actually enters
the facility, but sees enough violations from their car
to initiate litigation. They claim that, as a result of
the facility being in violation, they could not enter or
properly patronize the facility and therefore the facility
and its owner discriminated against them. The law says this
does constitute discrimination.
the new buyer unfortunately, the most successful defense
is to conduct their own ADA inspection of the facility and
hire a general contractor to fix the violations fast. The
non-profit groups want their attorneys' fees and costs paid
- that is the game. If the judge has to order the defendant
to conduct the modifications, the plaintiffs will be declared
the "prevailing party," thus be entitled to attorney's
fees and costs. The worst part is that most insurance policies
don't cover the cost of complying with ADA modifications
as a result of a federal ADA discrimination lawsuit.
fees and costs can reach into the ten thousands. Every month
there are hundreds of ADA lawsuits filed against South Florida's
commercial real-estate property owners.
order to protect the buyer, broker and all other parties
involved in a commercial real estate closing it is becoming
ever so apparent that an updated ADA inspection of the property
must be incorporated. This is as important as title
insurance or title search.
clients are now looking at potential litigation against
their brokers, agents and attorneys that let them buy commercial
properties without the ADA issues being addressed prior
goal is to secure a meeting with you to further discuss
establishing a relationship to conduct ADA inspections for
your commercial clients. We feel that due to the large number
of ADA suits locally and nationally; ADA inspections of
commercial properties will become the norm, just as title
insurance and title searches.