ADA Lawsuits: What Sponsors & Investors Must Know, ep. 482

Is Your Real Estate Investment at Risk? Understanding ADA Compliance and “Nuisance” Lawsuits

ADA compliance is often an afterthought for real estate investors until a lawsuit strikes. Over the past decade, ADA-related litigation has surged by over 300%, with many cases filed over questionable or minor violations. To complicate matters, these lawsuits are increasingly being filed in state courts, creating confusion and escalating risk. In this episode, Jeannette Friedrich speaks with litigation expert Joshua Bachner to uncover how nuisance lawsuits are structured, how courts are reacting, and what investors must do to protect their assets.

Key Takeaways:

- How opportunistic plaintiffs exploit ADA laws through nuisance lawsuits, targeting real estate owners and filing hundreds of cases with minimal oversight.

- Why ADA compliance is interpreted differently across state lines, posing additional risks for investors with multi-state portfolios.

- Steps sponsors and investors should take before acquiring properties, including ADA compliance assessments and legal documentation safeguards.

- The rising trend of website ADA compliance lawsuits and what real estate firms need to know to mitigate this digital vulnerability.

- How improper LLC structuring can expose sponsors and investors to financial risk, and why following corporate formalities is essential.

- Litigation trends to watch over the next 12 to 24 months, including the shift of ADA lawsuits from federal courts to state jurisdictions.

- Real examples of frivolous lawsuits, such as nonexistent parking lot claims in Manhattan and minor measurement violations used to justify legal action.

- The importance of conducting physical site visits before investing to ensure compliance and reduce legal exposure.

- Critical advice for sponsors to ensure offering memorandums are specific to each property and legally defensible.

- The reality that recovering legal fees from nuisance ADA cases is extremely rare, making preventive strategies all the more important.

Contact Joshua Bauchner

Jbauchner@mblawfirm.com.

646-369-0250

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Credits

Producer: Blue Lake Capital

Strategist: Syed Mahmood

Editor: Emma Walker

Opening music: Pomplamoose

*𝘉𝘭𝘶𝘦 𝘓𝘢𝘬𝘦 𝘊𝘢𝘱𝘪𝘵𝘢𝘭 𝘪𝘯𝘷𝘦𝘴𝘵𝘮𝘦𝘯𝘵 𝘰𝘱𝘱𝘰𝘳𝘵𝘶𝘯𝘪𝘵𝘪𝘦𝘴 𝘢𝘳𝘦 𝘰𝘱𝘦𝘯 𝘵𝘰 𝘢𝘤𝘤𝘳𝘦𝘥𝘪𝘵𝘦𝘥 𝘪𝘯𝘷𝘦𝘴𝘵𝘰𝘳𝘴 𝘰𝘯𝘭𝘺. 𝘛𝘩𝘪𝘴 𝘪𝘴 𝘯𝘰𝘵 𝘢𝘯 𝘰𝘧𝘧𝘦𝘳𝘪𝘯𝘨 𝘵𝘰 𝘴𝘦𝘭𝘭 𝘢 𝘴𝘦𝘤𝘶𝘳𝘪𝘵𝘺 𝘰𝘳 𝘢 𝘴𝘰𝘭𝘪𝘤𝘪𝘵𝘢𝘵𝘪𝘰𝘯 𝘵𝘰 𝘴𝘦𝘭𝘭 𝘢 𝘴𝘦𝘤𝘶𝘳𝘪𝘵𝘺. 𝘗𝘭𝘦𝘢𝘴𝘦 𝘤𝘰𝘯𝘴𝘶𝘭𝘵 𝘸𝘪𝘵𝘩 𝘺𝘰𝘶𝘳 𝘊𝘗𝘈, 𝘢𝘵𝘵𝘰𝘳𝘯𝘦𝘺, 𝘢𝘯𝘥/𝘰𝘳 𝘱𝘳𝘰𝘧𝘦𝘴𝘴𝘪𝘰𝘯𝘢𝘭 𝘧𝘪𝘯𝘢𝘯𝘤𝘪𝘢𝘭 𝘢𝘥𝘷𝘪𝘴𝘰𝘳 𝘳𝘦𝘨𝘢𝘳𝘥𝘪𝘯𝘨 𝘵𝘩𝘦 𝘴𝘶𝘪𝘵𝘢𝘣𝘪𝘭𝘪𝘵𝘺 𝘰𝘧 𝘢𝘯 𝘪𝘯𝘷𝘦𝘴𝘵𝘮𝘦𝘯𝘵 𝘣𝘺 𝘺𝘰𝘶. Learn more about your ad choices. Visit megaphone.fm/adchoices