I just read an article this morning, sent to me by e-mail from the National Association of Realtors that blew me away! A lawsuit is being tried this week in Boston. The suit will decide whether the real estate practitioner who represented the now-unhappy buyer is liable for damages over smoke that is wafting from a neighboring apartment. This is a first for Massachusetts and possibly any state.
When I represent a buyer, I give them as much information as I have about the property that they are considering. I obtain the seller's disclosure, suggest that they drive the neighborhood at different times of the day, we obtain a home inspection. These are all normal and important items to do before you buy a home. Never, have I heard any of my collegues suggest to the buyer that there could be the chance that a neighbor's second-hand smoke could cause damage to the buyer.
It will be interesting to find out how this lawsuit turns out. The outcome of this lawsuit could have broad repercussions.
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