being lied to about a purchase

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being lied to about a purchase

I bought a house that was said was a non smoking house and after doing much work I found the duct work was full of nicotine, the walls I painted had nicotine come through the paint. I had to replace all the duct work b/c they were full of nicotine, paint everything with a kilz primer, new flooring and much more. anyway I can get compensation from century 21 for there advertising??

Asked on February 16, 2018 under Real Estate Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The realtor is not liable: they are not required to verify the information in the marketing or do any investigation to find out the true state of affairs. The realtor may legally rely on what the seller tells them.
The *seller* however may be liable for their misrepresentation of this material, or important fact: lying about something important, when that thing is not readily obvious to the buyer (so that he is forced to rely on your representation or statement) is fraud. You therefore may be able to sue the former owner for the cost of remediating/removing all the smoke/nicotine.


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