Home : Blogs : Harold Watts' Palm Springs Real Estate Blog : Harold Watts' Palm Springs Real Estate Blog

Do You Hear What I See? What REALTORS need to know when working with the Hearing Impaired

2 weeks ago, I received a phone call that was out of the ordinary for me. The call was from a company called Sorenson Video Relay Service, and it was a potential client who was inquiring about moving to Palm Springs.

Sorenson Video Relay Service (VRS) is a free service for the deaf and hearing-impaired community that lets anyone conduct video relay calls with family, friends, or business associates through a certified ASL (American Sign Language) interpreter via a high-speed Internet connection and a video relay solution (or VRS call option).

The call was awkward at first because there is a pause between what you say to the interpreter and what is translated back from the client. It has taken a few times to get used to this type of communication. The client is arriving in Palm Springs next month to look at a home to purchase.

Working with this client has got me thinking about my responsibilities as a REALTOR in working with disabled or hearing-impaired clients. I decided to brush up on my knowledge of the Americans with Disabilities Act of 1990.

The Americans with Disabilities Act of 1990 is the wide-ranging civil rights law that was enacted by former President George H. Bush, to protect citizens against discrimination based on disability.

Disability is defined as "a physical or mental impairment that substantially limits a major a life activity".

According to Title III of the Americans with Disabilities Act, 42 U.S.C. 12181:

"Guarantees equal access to places of public accommodation, and equal access to the services of such places for individuals with disabilities."

Public accommodation includes any service establishment regardless of size & the number of employees. Service establishments included offices of lawyers, accountants, pharmacies, insurance companies, and any health care organization.

The Department of Justice's broad definition of public accommodation includes REALTORS & real estate brokerages.

These are the guidelines from Title III for REALTORS who are working with deaf or hearing-impaired clients:

Realtors and other business professionals must effectively communicate with their clients with disabilities. These service professionals must provide auxillary aids to their clients in order to conduct business. In the case of the hearing-impaired, this means you, the Realtor, must provide a certified ASL (American Sign Language) to your client.

Short of being an undue financial burden on the REALTOR, the deaf or hearing-impaired person is entitled to the services of an interpreter for their real estate transaction and you must provide for this.

Furthermore, Realtors may not charge the cost of interpreter services to their client, in the form of attorney's fees, closing costs, commissions, or any other such fee.

The regulation to Title III also states that auxiliary aids and services may not be financed by a surcharge upon the disabled individual. The cost of providing sign language interpreters for deaf or hearing-impaired people is part of the cost of doing business with such individuals, and may not be passed onto your client.

If you are unsure about your responsibilities as a Realtor when dealing with disabled clients or any part of the Americans with Disabilities Act, you should talk to your broker.

I am looking forward to meeting my client in person and to the learning opportunities I will gain from the experience.

photos courtesy of Flickr

About the Author:

Harold Watts of Lyle Realtors has been a REALTOR in Palm Springs since 1999. Focusing on the 2nd & Vacation home market, Harold has been helping Real Estate Buyers and Sellers in Palm Springs achieve their real estate goals. If you want to know what is happening with the Palm Springs Real Estate market, give Harold Watts a call at 760-778-6200 or email him at Harold@LyleRealtors.com You can also search for your dream home via the Palm Springs MLS through Harold's website, GreetingsFromPalmSprings.com

Posted by Harold Watts' Palm Springs Real Estate Blog on 02/20/2008 04:39 PM

Comments (11)

american with disabilities act of 1990, realtors working with disabled clients, civil rights law against disability

Post is included in group: Active Rain Newbies
Post is included in group: Realtors®
Post is included in group: The Lounge at Active Rain
Post is included in group: Almost Anything Goes
Post is included in group: Dedicated Bloggers

11 Comments on Do You Hear What I See? What REALTORS need to know when working with the Hearing Impaired

FEB

2008

Harold, what an informative post! I think the hearing impared are an often overlooked segment when it comes to buying or selling houses. I know that most of them can lip read, but just as many cannot. This is a great service to them.

Linda,

As I was doing my research, I was amazed at the technology that is available to the disabled & the hearing-impaired community.

I agree with your statement that the hearing impaired are overlooked segment in the real estate market. If a Realtor is going to pursue that "niche market", he or she had better the American with Disabilities Act on what they can and cannot do in regards to the real estate transaction.

MAY

2008

Harold, how did it go with these clients? Did you hire an interpreter and if so, where did you locate him/her? I have never thought about this before.

Harold,

Kudos to you for taking the initiative to learn more about the Americans with Disabilities Act. I am a former teacher of the Deaf by educational training that has since become a Realtor about 6 years ago. The Deaf community has been great to me and very supportive of my business. I know that the reason for their support is because I do (fortunately) know sign language, understand Deaf culture and support many Deaf activities in the community.

There is so much technology available to make transaction easier between the hearing and the Deaf. You mentioned one of my favorite technological improvements, the Video Relay system. Gone are the days where the Deaf had to type to an operator that would voice to the hearing person what the Deaf was typing. The old tty system could take a simple conversation and turn it into a 30 minute or more dialogue. Now with video relay it is as simple as having a few pauses in between the relay operator talking and signing at the same time.

Many people mistakenly believe that simply writing or emailing to the Deaf client satisfies the ADA requirements. It does not. As you mentioned hiring and interpreter can be costly however your client not understanding the communication clearly can be much more costly in the end. You should discuss with your title companies and lenders the importance of hiring interpreters for their part of the transactions. I know that the cost of the interpreter is a business/tax expense for them and for you should you hire an interpreter.

Good Luck to you in your future real estate transactions!

Ronni Zeigler
The Signing Realtor
RE/MAX Achievers

Anyone searching for interpreters in your area should do a google search. Most agencies require a 24-48 hour advance request. You can get an interpreter on shorter notice but the price will be higher.

MAY

2008

JoEllen,

Sorry it took so long to respond, I didn't get an email that someone made a comment. I was able to find an interpretor by going to Google and typing "sign language interpretor" for my area & there were several companies in the Palm Springs area offering this service. The cost was about 350.00 for 3 hours.

The client & I didn't "connect" but he was appreciative of my efforts. I was able to find him a hearing impaired REALTOR, so I referred my client to him & took a referral fee for the transaction.

Hi,

Great post, a couple of thoughts (I do think outside the box) Couldn't you communicate with the hearing challenged person with a pen and paper. Or if you are in your office couldn't you just hook into the Sorenson Video Relay Service (VRS) right over your office computer, instead of having an interpreter.

Just my thoughts.

All the best!

Ronni,

I didn't receive an email that you had made a comment on my blog post. I apologize for my late response.

This investigation into the Americans with Disabilities Act was a real eye-opener for me. I did not realize all the intricacies & nuances of this Act.

Using the Video Relay System was challenging at first, but once you get past the "pauses", it was very simple to understand.

I think that all REALTORS need to know & understand the American with Disabilities Act, and it should be part of the exam when getting or renewing your real estate license.

Kevin,

I also believed that I could just write everything by pen/paper or by email to satisfy the ADA requirement, but it does not. Just like any foreign language, signing has its own dialect & nuances that does not come across by writing. The ADA specifically states that REALTORS & other service providers must provide an interpretor, at no cost to the client.

In regards to the Video Relay System, it cannot be "patched" into the office computer unless you have a video system connected, which most offices do not. The Video Relay System works by speaking to the interpretor on the phone, and the interpretor signs to the client via video. Trying to negotiate a contract via video is next to impossible, so having a live interpretor with you is a must.

The $300-500 is a small price to pay to make sure your client understands the real estate transaction, rather than being sued because we did not follow the ADA guidelines.

Have a great weekend and thanks for your comments

MAR

Yes Harold you are so right. Pen and paper just doesn't cut it with the ADA. Communication is such an important thing especially in a real estate transaction.It's important to get it right. I appreciate your blog entry and educating the realtor community about this.

I grew up with a deaf sister and worked in the deaf community for many years before becoming a realtor with the mission to serve the disability community. My website talks about the ADA and its relationship to RE. I feel strongly that even though I am fluent in ASL I still pay for an interpreter to be at the closing! It is important for me to remain in my role as the trusted real estate agent and not needing to balance different roles while interpreting for the lawyer, lender or whoever. Hiring an interpreter is just a more professional way to do business. Your deaf or HH clients will appreciate your professionalism.

Thanks for a great blog entry!!!

MAR

Karen,

Thank you for your comments on this timely subject. It is very important for everyone who conducts business in the real estate field to fully understand the Americans with Disabilities Act and how it can impact their business. Have a great weekend.

Leave a response…

Name:

Email:
(optional)

Comment:

What does the graphic say?