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

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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 8 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


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