Second Hand Smoke Disclosure?
Just read an interesting blog from Marian Pierre-Louis about a Massachusetts Supreme Court case where a Broker was sued because of second hand smoke coming from a lower condo unit. Brings all sorts of questions to mind. Here is a link to the article: Second Hand Smoke. Almost scary if the decision goes the wrong way. I have a Realtor® friend who has no sense of smell. Would he have to interview neighbors to see if any smoked or had any odors that may offend the would be buyer? Would second hand smoke coming from another condo not be a Latent defect? Will our future Sellers Disclosures include a line for Smoker in neighborhood? Some of these sound funny but the ripple affect of such a lawsuit could affect us all. I will be watching this one closely as it will ultimately effect us all.
As always if you think the Big Rapids area is a place you would like to live give us a call (231) 796-5253 or check out either link below and we will help you find a house so the Big Rapids area can be your home too. Thanks for reading.
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Randy Ostrander |
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That's kind of crazy and would be very tough to prove. Smoking is such an intermittent thing but I can see you point of disclosing it. Who would of ever thought??
Wow-this is getting crazy about second hand smoking. Thanks for the update.
Randy, this is an interesting case. Keep us posted as to the outcome. Thanks.
The buyer/plaintiff lost this case recently; however, I suspect this may be a disclosure for the actual property owner starting in CA
That's going too far. You can't control another person's space. Can't wait to hear the outcome.
Randy, thanks for the post. I hope they lose this case. Because of lawyers and erronious lawsuits we will soon have a 20 page disclosure list for our clients to fill out.