The Dangers of Secondhand Smoke in Boston Condos: A Case for Accredited Buyer's Agents

The Importance of a Diligent Buyer's Agent

Alyssa Burrage, an asthmatic woman, purchased a condo in Boston's South End. Upon noticing a cigarette smoke smell, she inquired about it to her supposed buyer's agent, who dismissed it as a problem that could be solved with a fresh coat of paint.

This response was far from satisfactory. As a real estate professional in Boston since 2002, I can attest that a thorough investigation is necessary when such concerns arise. Especially when the buyer has a health condition like asthma, it's the responsibility of the Buyer's Agent or Buyer's Advocate to delve deeper into the issue.

The Problem with Old Buildings and Secondhand Smoke

The agent, like all brokers in Boston, should have been aware that cigarette smoke tends to rise and permeate through old townhouses built in the late 19th century. In buildings similar to the one in question, if someone lights a cigarette in the basement, the smoke can reach the fourth floor in about five minutes. This is a common issue in old buildings, which is why many have implemented non-smoking policies and included clauses in their condo documents.

Alyssa's agent, having practiced real estate in Boston for several years, should have known this. As an Accredited Buyer's Agent, I would have initiated an investigation into the downstairs smokers immediately. If the agent had considered purchasing the unit for himself, he would have likely addressed the issue of the downstairs smokers or declined the sale.

The Negligence of the Buyer's Agent

Unfortunately, even if someone claims to be your buyer's agent, it doesn't guarantee they have your best interests at heart. In this case, the agent seemed more interested in selling the property than caring for Alyssa's health condition. He failed to ask pertinent questions to the smokers, the trustees, or even review the condominium documents for any smoking-related rules.

The agent's negligence lies in his failure to investigate the building and its occupants thoroughly. His objective investigation could have potentially prevented the sale, which seemed to be his primary interest.

The Verdict and Lessons Learned

Regrettably, a Suffolk County jury ruled in favor of the brokers. After four years of legal battles, Alyssa received no damages, although she did receive a small settlement from the downstairs smokers, which is unfair as they were not at fault. The blame lies with the buyer's agent who sold the unit to Alyssa.

This case serves as a harsh reminder that real estate transactions often operate on a "buyer beware" basis. However, this situation could have been avoided if Alyssa had been fortunate enough to engage a genuine Accredited Buyer's Agent or Buyer's Advocate who would have taken her health condition and happiness into account when assessing the property.

Accredited Buyer's Agents are real estate professionals who represent the buyer in a real estate transaction and are certified by the National Association of Realtors. They are committed to providing exceptional service to their clients, which includes thorough investigations into potential issues like secondhand smoke in old buildings.