I have asthma too, as such I would make sure the place I am purchasing meets my medical needs not blame someone else. People need to take responsibility for their own actions and stop blaming others.
If the woman has asthma, she wouldn’t have purchased the place if she believed second hand smoke was the cause of the odor, no asthmatic would. If on the other hand her broker told her the smell was from a prior owner and would go away and she trusted the broker she might. She lost the case because she couldn’t prove the conversation with her broker ever occurred. It was a he said she said situation. It’s not frivolous. What the woman should have done is create an email trail of her concerns. She would have won at that point. Lesson, get it in writing.
I have a question, and curious to see what people think. I lived in an apartment in 2000. This was a nice, family oriented complex, it and we had made sure that the noise levels, etc… were all accetable to us. In 2003, the landlord, whom for some reason did not like us, moved in 4 transient workers undeneath us. Their cigarette smoke came up through the kithen, once to the point we thought the place was on fire as the smoke rolled out when we opened the cabinets underneath the sink.
The place started smelling like a hotel room that you enter that allowed smoking in it. Complaining got us no where. As such, we moved out a month early to a house we bought and sued for our security deposit back based on the cigarette smoke forcing our hand. We lost.
Were we wrong, and if so in what way? The smokers moved in after us, their smoke invaded out space that we paid for. The lease stated that the contract was void if either party did not live up to the agreement. The lease guarunteed us a peacful living condition. They broke the contract in our opinion, and therefore we no longer had a contract to break, and moved out. The local magistrate who makes his money off business taxes saw it differently.
You cant choose your neighbors. If you do not want neighbors that smoke, drink, have kids or play loud music, move into a cave. It is the price you have to pay for living in an apartment or condo.
Cave? Why a cave? A single family house will do. I believe most townships, municipalities, etc… have noise ordinances, trespassing laws, etc…
If one needs to have renter’s insurance to cover the inside possessions, then that is the same as owining a home and you should be able to expect a certain level of privacy.
Cigarette smoke coming up from your kitchen cabinets that looks like a forest fire does not meet that
You are missing the point and this is a frivoulous lawsuit and she should pay. It is not the brokers responsibility. If someone is concerned about the potential of second hand smoke smell they should not live in a condo. Would you expect the Broker to guarantee that no one who is a smoker will ever move in or have visitors that smoke. Ridiculous, we all pay for these type of suits.
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Only way to stop this BS is to have the looser pay the Court costs & defendant’s legal costs WITHIN the tort system – automatically.
Judgement for defendant – pay the Baliff before you can leave. Or we’ve got three hots and a cot for you AND your lawyer. You can be roomies.
Obviously you are not an asthmatic.
Yah, asthmatics should be allowed to file frivolous lawsuits. But only asthmatics. The rest of us should have to pay if we lose.
I have asthma too, as such I would make sure the place I am purchasing meets my medical needs not blame someone else. People need to take responsibility for their own actions and stop blaming others.
If the woman has asthma, she wouldn’t have purchased the place if she believed second hand smoke was the cause of the odor, no asthmatic would. If on the other hand her broker told her the smell was from a prior owner and would go away and she trusted the broker she might. She lost the case because she couldn’t prove the conversation with her broker ever occurred. It was a he said she said situation. It’s not frivolous. What the woman should have done is create an email trail of her concerns. She would have won at that point. Lesson, get it in writing.
I have a question, and curious to see what people think. I lived in an apartment in 2000. This was a nice, family oriented complex, it and we had made sure that the noise levels, etc… were all accetable to us. In 2003, the landlord, whom for some reason did not like us, moved in 4 transient workers undeneath us. Their cigarette smoke came up through the kithen, once to the point we thought the place was on fire as the smoke rolled out when we opened the cabinets underneath the sink.
The place started smelling like a hotel room that you enter that allowed smoking in it. Complaining got us no where. As such, we moved out a month early to a house we bought and sued for our security deposit back based on the cigarette smoke forcing our hand. We lost.
Were we wrong, and if so in what way? The smokers moved in after us, their smoke invaded out space that we paid for. The lease stated that the contract was void if either party did not live up to the agreement. The lease guarunteed us a peacful living condition. They broke the contract in our opinion, and therefore we no longer had a contract to break, and moved out. The local magistrate who makes his money off business taxes saw it differently.
You cant choose your neighbors. If you do not want neighbors that smoke, drink, have kids or play loud music, move into a cave. It is the price you have to pay for living in an apartment or condo.
Cave? Why a cave? A single family house will do. I believe most townships, municipalities, etc… have noise ordinances, trespassing laws, etc…
If one needs to have renter’s insurance to cover the inside possessions, then that is the same as owining a home and you should be able to expect a certain level of privacy.
Cigarette smoke coming up from your kitchen cabinets that looks like a forest fire does not meet that
GOOD!
You are missing the point and this is a frivoulous lawsuit and she should pay. It is not the brokers responsibility. If someone is concerned about the potential of second hand smoke smell they should not live in a condo. Would you expect the Broker to guarantee that no one who is a smoker will ever move in or have visitors that smoke. Ridiculous, we all pay for these type of suits.