Second-hand Smoke Case Against Real Estate Broker Goes Up In Smoke

by Charles Feldman on February 17, 2010

  
homeowner and smoking verdict

Where there’s smoke, there isn’t always a guilty verdict apparently.

A jury in Suffolk County, Mass, said no to a Boston woman’s contention that she was lied to by her real estate broker who she claimed wasn’t truthful about the fact that her neighbor beneath her is a cigarette smoker.

It was, says the Boston Globe, “one of the first such lawsuits to go to trial in Massachusetts.”

The trial lasted a week–or about the amount of time it might take the average smoker to puff through an entire carton of cigarettes.

The woman alleged that though she certainly had detected the smell of smoke when she was in the process of buying the unit, the broker had told her that it was the seller who had been the one smoking like a chimney and that the offensive orders would soon go away.

The jury apparently opted to believe the broker’s version that the subject never even came up.

The Globe points out that even though the verdict was a victory for the real estate broker in this case, the fact that the case even went as far as it did should give other Realtors pause when it comes to the issue of second hand smoke.

Anyone have a light???

Photo: LDRBRS

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{ 1 comment… read it below or add one }

1 Thomas Fischer February 18, 2010 at 3:38 pm

I’m surprised the broker made the mistake of answering such a question. They probably would have disqualified real estate brokers and agents from the jury but if I were on it, I probably would have voted “guilty” if there existed a shred of evidence against the agent. It just seems like something some agents say to make a deal. You know, lines like: “This town has top rated schools”.

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