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Second hand smoke disclosures?

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Real Estate Agent with Lake and Lodge Realty LLC

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.

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Randy Ostrander
Lake and Lodge Realty
107 N. Michigan Suite B
Big Rapids, MI 49307
(231) 796-5253
randyooo@yahoo.com

 

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Comments(6)

Home Design
Alpharetta, GA
Home Design and Real Estate

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??

Feb 21, 2010 10:54 PM
Harry F. D'Elia III
WEDO Real Estate and Beyond, LLC - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

Wow-this is getting crazy about second hand smoking. Thanks for the update.

Feb 21, 2010 11:07 PM
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Randy, this is an interesting case. Keep us posted as to the outcome. Thanks.

Feb 21, 2010 11:10 PM
Wallace S. Gibson, CPM
Gibson Management Group, Ltd. - Charlottesville, VA
LandlordWhisperer

The buyer/plaintiff lost this case recently; however, I suspect this may be a disclosure for the actual property owner starting in CA

Feb 21, 2010 11:37 PM
Kay Van Kampen
RE/MAX Broker, RE/MAX - Springfield, MO
Realtor®, Springfield Mo Real Estate

That's going too far.  You can't control another person's space.  Can't wait to hear the outcome.

Feb 21, 2010 11:37 PM
Robert Foster
United Country-Michigan Outdoor Properties - Northern Office - Wolverine, MI

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.   

Feb 22, 2010 11:57 AM