Secondhand Smoking Lawsuit Against Real Estate Agent Fails

A Boston jury ruled against a woman who sued her real-estate agent after discovering that a downstairs neighbor was a smoker — a fact she accused the agent of covering up — the Boston Globe reported Feb. 17.

In one of the first cases of its kind, Alyssa Burrage claimed that secondhand smoke from her neighbor’s apartment worsened her asthma. She sued her broker, saying that the agent told her that the cigarette smell was due to the seller’s smoking and would soon go away.

Observers said that despite the verdict, the case likely will make real-estate agents more likely to disclose smoking-related facts to potential homebuyers or renters. Burridge also sued her neighbor and her condo association, but they settled out of court.

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