The Broker LIED!! Plain and simple. So sue the crap out of them, but yes, have a paper trail showing they lied. The he said/she said, rarely works. What has this world come to if dishonest people control it. Oh, I know, the US Government!!
I’ve lived in an apartment once. Everytime I opened the bathroom cabinets it would smell like smoke. You guessed it. The people downstairs were smoking. Complex wouldn’t do anything about it. Such as making some buildings smoking vs non-smoking or allowing me out when my lease was up. Yes in an apartment you will get some noise, but when did cigarrette smoke become your neighbor’s problem. I also lived in a house where neighbors smoked outside. Everytime they did, I had to close my patio door. No, but that is considered life so just closed the door. No lawsuit. But an apartment you can’t close a door or a window to stop it. So I guess some of you would be fine when you’re 55 and living in a retirement community and sign a lease, then the next day they decide to open it up to young families. I hope that happens to some of you that are condemning this lady. Then when you sue, we can all say, grow up, that’s life, you should pay all legal fees, blah blah blah….
It is the brokers fault if the broker told her the smell was from a previous owner and that it would go away. If she knew the smoke was going to be on going she wouldn’t have bought the place.. she’s asthmatic. The representation the broker allegedly made was material to the woman’s purchase of the condo.
So, those of you who disagree think a jury of the plaintiff’s peers who sat through all the testimony and deliberated less than one hour were wrong? Who are you, Cliff Clavin?
You are so confused. No one said the jury was wrong. You must be reading a different website. We are discussing if she should have even had a case. Some say no, some say yes. The jury decided. This Marty is called due process of law. She had her time in court and lost. With the sounds of it, she didn’t have anything saying what the broker told her. So it just shows, you must have something in writing before making a purchase. She must not have, and honestly if I was on the jury and she had no proof, I would have given the win to the broker too.
here is where the individual should have taken some responsibility and had inspected the condo better. yes, if the condo had a owner that smoked, it would linger for a bit (just like a car does or the elevator). but she can’t control her neighbors, so she should have asked or talk to neighbors. now, you would not think in most cases that odors can travel that badly unless it’s the dead walking or living in the walls. she could have helped herself and had an investigation done after the fact knowing that the odor had not gone away. she could have spent money on her own to help w/the ventilation to remove the odor.
look, many folks are trying to get money because they feel that someone else’s pocket is bigger. we should in fact have a law on frivilous lawsuits that you should pay all costs including the defendents when you lose!
What does that have to do with it? How does that condition affect whether or not the plaintiff should be required to pay when they loose? Suppose the condo owner or broker was a smoker and they lost the suit and a judgement was awarded against them, should that have affected the pay out? That kind of logic would forestall payment for any judgement.
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The Broker LIED!! Plain and simple. So sue the crap out of them, but yes, have a paper trail showing they lied. The he said/she said, rarely works. What has this world come to if dishonest people control it. Oh, I know, the US Government!!
I’ve lived in an apartment once. Everytime I opened the bathroom cabinets it would smell like smoke. You guessed it. The people downstairs were smoking. Complex wouldn’t do anything about it. Such as making some buildings smoking vs non-smoking or allowing me out when my lease was up. Yes in an apartment you will get some noise, but when did cigarrette smoke become your neighbor’s problem. I also lived in a house where neighbors smoked outside. Everytime they did, I had to close my patio door. No, but that is considered life so just closed the door. No lawsuit. But an apartment you can’t close a door or a window to stop it. So I guess some of you would be fine when you’re 55 and living in a retirement community and sign a lease, then the next day they decide to open it up to young families. I hope that happens to some of you that are condemning this lady. Then when you sue, we can all say, grow up, that’s life, you should pay all legal fees, blah blah blah….
correction, “before” my lease was up.
It is the brokers fault if the broker told her the smell was from a previous owner and that it would go away. If she knew the smoke was going to be on going she wouldn’t have bought the place.. she’s asthmatic. The representation the broker allegedly made was material to the woman’s purchase of the condo.
So, those of you who disagree think a jury of the plaintiff’s peers who sat through all the testimony and deliberated less than one hour were wrong? Who are you, Cliff Clavin?
Sounds like the whole case went up in smoke!
You are so confused. No one said the jury was wrong. You must be reading a different website. We are discussing if she should have even had a case. Some say no, some say yes. The jury decided. This Marty is called due process of law. She had her time in court and lost. With the sounds of it, she didn’t have anything saying what the broker told her. So it just shows, you must have something in writing before making a purchase. She must not have, and honestly if I was on the jury and she had no proof, I would have given the win to the broker too.
How could one ever think that. OJ was innocent? Get real!
here is where the individual should have taken some responsibility and had inspected the condo better. yes, if the condo had a owner that smoked, it would linger for a bit (just like a car does or the elevator). but she can’t control her neighbors, so she should have asked or talk to neighbors. now, you would not think in most cases that odors can travel that badly unless it’s the dead walking or living in the walls. she could have helped herself and had an investigation done after the fact knowing that the odor had not gone away. she could have spent money on her own to help w/the ventilation to remove the odor.
look, many folks are trying to get money because they feel that someone else’s pocket is bigger. we should in fact have a law on frivilous lawsuits that you should pay all costs including the defendents when you lose!
What does that have to do with it? How does that condition affect whether or not the plaintiff should be required to pay when they loose? Suppose the condo owner or broker was a smoker and they lost the suit and a judgement was awarded against them, should that have affected the pay out? That kind of logic would forestall payment for any judgement.