Does a home seller have a responsibility to disclose the fact that the occupant smoked heavily in the home?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Does a home seller have a responsibility to disclose the fact that the occupant smoked heavily in the home?

We closed on a home on last month. Our entire family has been treated in the past for asthma, and none of us have ever smoked. When we looked at the house, it had been freshly painted, so that is all we could smell, was fresh paint. After moving in, we discovered a horrible odor. We found out from neighbors, and the mail person that the occupant (owned the home for 55 years) was a heavy smoker. This was not disclosed by anyone and was not picked up on inspection. Is there any responsibility on the seller, inspector, or realtor to disclose this kind of information prior to the sale?

Asked on May 16, 2012 under Real Estate Law, Connecticut

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

As far as I can tell there is no obligation on the part of the seller, inspector or the real estate agent to disclose the use of cigarette's by the owner or owners of the home.  I would suggest that you speak with an attorney in the matter as well as some one who could see about helping you abate the problem (remove carpets, etc.). I am going to copy a form here that you should have gotten at closing. Good luck.

http://www.ct.gov/dcp/lib/dcp/pdf/realestate_licensing_forms/disclose.pdf


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption