Comments on: Buyer sues because the neighbor smokes? http://callmichellemorris.com/2010/02/09/buyer-sues-because-the-neighbor-smokes/ Your West Side Indianapolis Realtor Sun, 08 Aug 2010 00:43:49 +0000 hourly 1 http://wordpress.com/ By: Becky http://callmichellemorris.com/2010/02/09/buyer-sues-because-the-neighbor-smokes/#comment-1328 Becky Thu, 11 Feb 2010 14:27:57 +0000 http://callmichellemorris.com/?p=817#comment-1328 I don't understand how it is a realtor's responsibility to know if the neighbor below smoked. That was a totally different property. Now if the question was if the current occupant smoked (or had pets) -- for allergy reasons -- I would expect the realtor to disclose that. I get that it's a condo and therefore has shared walls, but I don't think this negates the fact that it is a separate property. Ugh, people are so litigious nowadays! I don’t understand how it is a realtor’s responsibility to know if the neighbor below smoked. That was a totally different property. Now if the question was if the current occupant smoked (or had pets) — for allergy reasons — I would expect the realtor to disclose that. I get that it’s a condo and therefore has shared walls, but I don’t think this negates the fact that it is a separate property. Ugh, people are so litigious nowadays!

]]> By: Kate http://callmichellemorris.com/2010/02/09/buyer-sues-because-the-neighbor-smokes/#comment-1301 Kate Tue, 09 Feb 2010 22:50:18 +0000 http://callmichellemorris.com/?p=817#comment-1301 I think that's a little bit extreme to sue. However, I think it could be a major inconvenience for a non-smoker. I still think that realtors do everything possible to disclose all possible information. If it's a condo, is this something that could be addressed with maintenance in the building? It will be interesting to see what the decision on this case will be. I think that’s a little bit extreme to sue. However, I think it could be a major inconvenience for a non-smoker.

I still think that realtors do everything possible to disclose all possible information.

If it’s a condo, is this something that could be addressed with maintenance in the building?

It will be interesting to see what the decision on this case will be.

]]> By: Michelle Morris http://callmichellemorris.com/2010/02/09/buyer-sues-because-the-neighbor-smokes/#comment-1300 Michelle Morris Tue, 09 Feb 2010 22:45:58 +0000 http://callmichellemorris.com/?p=817#comment-1300 Great points, Chris!! Thank you for your post! Abby-- I agree! Suing is a bit extreme, especially if the agent didn't know. If she was asked though, she should have tried to find out. HMMMMmmmm, what if the agent asked but the neighbor lied and said they don't smoke?? Great points, Chris!! Thank you for your post!

Abby– I agree! Suing is a bit extreme, especially if the agent didn’t know. If she was asked though, she should have tried to find out.

HMMMMmmmm, what if the agent asked but the neighbor lied and said they don’t smoke??

]]> By: Chris Garrison http://callmichellemorris.com/2010/02/09/buyer-sues-because-the-neighbor-smokes/#comment-1297 Chris Garrison Tue, 09 Feb 2010 22:27:26 +0000 http://callmichellemorris.com/?p=817#comment-1297 I think that if a buyer has a special something they want or do NOT want in a property, they should communicate that to the realtor. At that point, I feel it IS the realtor's job to attempt to discover what they can about the property that might be a deal breaker. However, without that information, I don't see how the realtor can know what any buyer might find objectionable. I personally wouldn't like living so close to a smoker that the smoke comes in my window. Vegetarians might find the smell of grilling meat objectionable, so they might not want to live near me, either. On the flip side, when we were looking to buy a house, we let our realtor know we had to be near a bus line that went downtown, because at the time, my wife didn't drive, and there were times when I'd have to travel for work. I think people are more likely to communicate this kind of requirement upfront, where a dealbreaker might seem obvious to the buyer but would be unknown to the realtor. A realtor might want to cover herself by having an interview with a potential buyer, asking them to list any deal breakers or absolute musts. If this is agreed on ahead of time, the buyer shouldn't have any valid complaints after the fact. Realtors aren't psychic or all knowing, after all. Just my opinion. Chris I think that if a buyer has a special something they want or do NOT want in a property, they should communicate that to the realtor. At that point, I feel it IS the realtor’s job to attempt to discover what they can about the property that might be a deal breaker.

However, without that information, I don’t see how the realtor can know what any buyer might find objectionable. I personally wouldn’t like living so close to a smoker that the smoke comes in my window. Vegetarians might find the smell of grilling meat objectionable, so they might not want to live near me, either.

On the flip side, when we were looking to buy a house, we let our realtor know we had to be near a bus line that went downtown, because at the time, my wife didn’t drive, and there were times when I’d have to travel for work. I think people are more likely to communicate this kind of requirement upfront, where a dealbreaker might seem obvious to the buyer but would be unknown to the realtor.

A realtor might want to cover herself by having an interview with a potential buyer, asking them to list any deal breakers or absolute musts. If this is agreed on ahead of time, the buyer shouldn’t have any valid complaints after the fact. Realtors aren’t psychic or all knowing, after all.

Just my opinion.

Chris

]]> By: Abby Dorsett http://callmichellemorris.com/2010/02/09/buyer-sues-because-the-neighbor-smokes/#comment-1296 Abby Dorsett Tue, 09 Feb 2010 22:24:34 +0000 http://callmichellemorris.com/?p=817#comment-1296 Suing is a little extreme, but smoking regulations might need to be addressed in neighborhoods with really tight housing layouts a.k.a house after house after house with feet of room in between! No one wants to breathe cigarette smoke coming from the window next door! Suing is a little extreme, but smoking regulations might need to be addressed in neighborhoods with really tight housing layouts a.k.a house after house after house with feet of room in between! No one wants to breathe cigarette smoke coming from the window next door!

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