Comments on: Boston Broker Sued Over Secondhand Smoke

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URL — Fri, 09 Dec 2011 08:06:35 +0000

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By: Bobby

Bobby — Sat, 13 Feb 2010 11:30:28 +0000

So much about this issue makes my skin crawl. From reading the article, I do not see any proof that she was lied to. At the very most it is hearsay at this point. If Burrage did not get a satisfactory answer to her question about smoke, which it appears to me she did not, and she purchased the property anyway, the responsibility for it should be on her. So many people seem eager to throw brokers under the bus. The previous tenants could very well have been smokers. If the broker went to the neighbors and asked them if they smoke, something I see as quite the intrusion for her neighbors, they could very well just deny that they do. In this case should the broker be responsible for this? There are some issues that cannot be known about a unit unless someone were actually to live there because they are not immediately evident. On top of that, why should the condo association and the neighbors be responsible for this?!? Short of anything in the condo docs, as some people have already pointed out, she really should have nothing to stand on. If the condo association is made to pay for this it is a sign that the system is broken. I have no love for cigarettes and this is unfortunate but Burrage appears to be passing the responsibility for the smoke onto everyone she can. I do not have asthma, but if I did I would take extra measures to make sure my living area was clear of smoke beyond any doubt before hand.

Also, I think the “ethnic food” example is very appropriate. The smell is so noxious and can just about seep into the bricks of the wall and the enamel of the appliances.

I would put this question forth, is it her responsibility to keep the smoke from getting in or her neighbors responsibility to keep the smoke from getting out?

Lets say a neighbor of mine is loud and keeps me up at night, effecting the quality of my sleep and, it would stand to reason, my health.

Can I sue them now? If I ask the broker if the neighbors party, and he asks them and they deny it can I sue them along with the broker as well? If the condo association does not put extra insulation in the walls can I then sue them as well? If I was a particularly light sleeper I would pay attention special attention to that.

If things were that bad, and there was no possible solution, I would cut my losses and move. I would not scour the block for every possible person I might be able to blame for the issue.

By: mass broker

mass broker — Thu, 11 Feb 2010 20:39:35 +0000

I have a thought. Why would she buy a condo and not a single family? You CANNOT ask another condo owner in the building if they smoke or not. It is LEGAL and there right to smoke in there own house. What if they so no and they lied? Who is responsible for that?

If the condo docs do not say NO SMOKING than she does not have a case. She is the one who should be sued here for her efn stupidity.

By: Smokers stink

Smokers stink — Wed, 10 Feb 2010 02:38:29 +0000

we live above smokers too and it comes into our unit despite taking all preventions that we can in sealing, purifiers, etc.

while we’re not suing anyone and nobody lied to us, I do believe it is the right of the condo owner to be able to not be exposed to a health hazard in your own home that literally kills you. And you should take whatever measures you need to to stop it.

We’ve found that even if you aren’t in a non smoking building there are clauses in the HOA contract that impact areas that will affect others negatively…

It’s an unfortunate situation to be in…

By: confused

confused — Tue, 09 Feb 2010 18:38:57 +0000

Boston Broker you once said would pay a fine in order to rent an apartment to an inappropriate number of tenants. Now you’re saying that it isn’t your responsibility to determine the living conditions your clients are potentially moving into? Why are you needed if you don’t help with things like this?