Condo owner loses secondhand smoke suit against real estate agent

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By Teri Karush Rogers  |
February 17, 2010 - 7:45AM

A Boston condo buyer has lost a closely-watched lawsuit against her former real estate agent over secondhand smoke coming from a downstairs unit.

As we wrote last week, the buyer of a $405,000 condo unit claimed that the listing agent had lied about the source of smoky stench that permeated the apartment, attributing it to the seller and offering assurances that it would go away.

The 32-year-old buyer, who suffers from asthma, had sought $70,000 to cover renovation costs, personal injuries, and emotional distress.

Yesterday, a Massachusetts jury rejected her claim after a trial in which the real estate agent denied discussing secondhand smoke with the buyer.

Still, the case is likely to make real estate agents everywhere more careful about how they respond to concerns about secondhand smoke.

“I think the fact that the case went as far as it did underscores how serious an issue this is,” Edward L. Sweda Jr., senior staff attorney for the Tobacco Products Liability Project at the Northeastern University School of Law, told the Boston Globe.

Related posts:

Condo owner sue real estate agent for secondhand smoke 

Right to sue neighbor for secondhand smoke upheld in NY

Major landlord bans smoking in apartments: Is your co-op or condo next?

Smoking bans slow to take hold in co-ops and condos: The maverick taint

Tribeca condo owner sues over secondhand smoke

Tribeca secondhand smoke suit now online

Why potheads make better neighbors

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Teri Rogers Headshot - Floral

Teri Karush Rogers

Founder & Publisher

Founder and publisher Teri Karush Rogers launched Brick Underground in 2009. As a freelance journalist, she had previously covered New York City real estate for The New York Times. Teri has been featured as an expert on New York City residential real estate by The New York Times, New York Daily News, amNew York, NBC Nightly News, The Real Deal, Business Insider, the Huffington Post, and NY1 News, among others. Teri earned a BA in journalism and a law degree from New York University.

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