Second Hand Smoke In A Boston Condo, Yet Another Reason To Have A Buyers Agent Represent You
Author: Jeff Persons
In case you didn't have enough good reasons to seek out the services of an Accredited Buyers Agent, this secondhand smoking law suit in Boston makes the case for finding a really impeccable buyers agent. The buyers agent in this case didn't lie, he just didn't do his job, which left this poor woman in a condos upstairs from 2 smokers aggravating her asthma.
It started when this woman, Alyssa Burrage bought a condo in Boston's South End. The woman has asthma and when she asked about the cigarette smoke smell the agent, who was supposed to be her buyers agent, told her all it needed was a paint job.
Would that be enough for you? Not enough of an explanation for me. I've been representing buyers and selling real estate in Boston since 2002 and I would never stop my investigation with "It just needs a paint job". If the woman has asthma its up to her Buyers Agent/Buyers ADVOCATE to look into it further. The guy who was posing as her buyers agent, like all brokers in Boston, knows that cigarette smoke rises and races right through these old townhouses built in the late 19th century.
In my building which is exactly like the one in question, if someone lights a cigarette in the basement it rises right through the building and I can smell it on the fourth floor in about 5 minutes. This happens in all these old buildings. Thats the reason we made ours a non-smoking building. We put a clause into the condo documents.
Allysa's agent knew this as anyone practicing real estate
in Boston for a number of years would.
Its so obvious! As an Accredited Buyers Agent, I would have started my investigation downstairs where the smokers live right away. If Allysa's so called buyers agent was thinking about buying this unit for himself you can be sure that the downstairs smokers would have been dealt with or no sale.
Bottom line is even if someone calls himself your buyers agent, it doesn't mean he really has your best interests at heart. In this case the pseudo-buyers agent just wanted to sell the woman some real estate.
Did he care about her asthma? In a word NO.
Not even enough to ask a couple of questions put to the smokers themselves? Not even enough to ask a few questions of the trustees? Not even enough to take a look at the condominium documents to see if there are any rules regarding smoking?
So why didn't Alyssa's buyers agent ask these questions?
The problem with all that objective investigation he could have done is that the answers might very well nix the sale which obviously was all this broker was interested in. I think he avoided lying but the negligence here is his lack of investigating the building and its occupants.
Sorry to report that a Suffolk County jury found in favor of the brokers. As it turns out after 4 years of this hassle Alyssa will receive no damages. She did get a small settlement from the smokers downstairs which is completely ridiclulous because it wasn't their fault. The fault lies with the buyers agent who sold the unit to Alyssa.
A lesson learned the hard way. Real Estate is always buyer beware around here but this case would never have happened if Alyssa had been diligent enough or lucky enough to meet a real Accredited Buyers Agent/Buyers Advocate who was sincerely interested in Alyssa, her asthma and the possibilities of her being happy in this property.
About the Author
For more Information about Boston Condos call Accredited Buyers Agent Jeff Persons today at 617-512-3443 or visit: http://wesellboston.net/
My name is Jeff Persons. I'm a RE/MAX Destiny real estate agent in the Boston area and I am writing a series of articles regarding Buyers Agency and how it protects the real estate buyer.
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[TEMPLATE]cannibis[/TEMPLATE]
What do you think the ban on trans fat will do to the business environment in Massachusetts?
There is a lot to consider when looking at such policies.
Do you think this all started with the smoking ban? If so, what’s next?
Would you move there and risk having few choices in dining experiences? Does it offend you to think that soon in Massachusetts you’ll eat only what the government thinks you should eat?
Do you think this law is fair to dining establishments that have chosen to not use trans fats in their cooking.
Would you move there to start a business? Does it offend you that your private property becomes public property and you must let government dictate your every policy–while you must still try to profit and pay taxes? What was the Boston Tea Party all about?
Do you think businesses should be allowed to decide their own policy, then live or die with the choice of consumers?
What do you think is REALLY behind the spate of business policy decisions taken over by government? Anticapitalism? Low regard for population’s choices?
perhaps it will open up a whole new business. imagine housewives cruising the neighborhoods looking for a street corner Crisco dealer.
remember, when trans fat is outlawed, only outlaws will use trans fat.
WEIRD LAWS: These laws are on the books & aren’t really enforced, in many states. Which do you like?
1. Tennessee–witness a cockfight, or if you’re a preacher, you’re banned for life from holding public office.
2. Illinois–law prohibits barefoot dancing & taking a nap on the dance floor.
3. North Carolina–forbids sex outside of marriage or fornication.
4. Louisiana–illegal to wear an alligator costume.
5. Florida–illegal to jog with your eyes closed.
6. ALL STATES–naked sunbathing requires you to register as a convicted sex offender.
7. Wyoming–forbids fat people over 100 lbs. to swing on swings.
8. Texas–illegal to litter at the Alamo.
9. City of Boston–illegal to add ketchup in baked beans.
10. Some States–its intent to commit murder if you blow cig. smoke in a cop’s face while he writes you a parking ticket.
11. Idaho–juveniles are prohibited from deliberately stepping on ants.
12. Mississippi–unlawful to be barefoot among or around strangers. Family & friends are ok.
13. Nebraska & Oklahoma–unlawful to eat fried chicken while walking down the street.
14. New York–illegal to eat soup with a fork. And, illegal to eat spaghetti strand by strand.
15. Appalachian Towns–they have ordinances requiring a person to take a bath the night before coming into town, & to carry a signed statement & signed by 2 reliable witnesses.
I like Boston’s — I mean how can you not like a state that tells you how to cook. That’s just plain freedom.
What’s the penalty for underage smoking in Boston, MA?
My 17 years old brother arrived to my home and I know he usually smoke in the park during the dog walk. I’m pretty nervous (besides his smoking problem) about getting in law troubles because both of us are foreing students (I’m overage and his tutor) and, obviosly, I don’t want to have a bad record, specially because of him…
Are we going to be in troubles with the cops?
If you smoke in school grounds, there are many penalties, and you could be suspended. But nobody can do anything if you are just smoking in the park.
How much are cigarettes in Boston? Smoking Laws?
How much is a pack of premium brand cigarettes in Boston, like Camels or Marlboros? And how much for a carton?
Also, what are smoking laws there? Can you smoke inside restaurants and bars?
6 or 7 dollars. Cannot smoke in bars or restaurants. Some outside cafes allow it. No smoking on trains or buses…taxis do allow it. No smoking in public buildings.
Privacy? On a public street? What have my Law Enforcement brethren been smoking?
http://www.boston.com/news/local/massach…
” . . . police are saying that they have not consented to being recorded, that their privacy rights have therefore been violated, and that the citizen action was criminal.”
Are these the same cops who expect us to believe that CITIZENS have no right to privacy, in a public setting?
Besides, if they aren’t doing anything wrong, they don’t have anything to worry about.
Well, that’s what I hear about fifty times a day, in regards to when the surveillance is turned toward a CITIZEN.
sanchito: How, exactly, is filming from a distance “interfering”? Does the capture of the photons weaken the officers in some way? Is it similar to Superman’s reaction to Kryptonite or something?
Your link doesn’t work. But luckily I am on the case. You’re probably speaking of the dilemma Boston, MA citizens are facing everyday. Many Bostonian’s are being arrested in record numbers for filming cops doing their job.
If i am way off and thats not what you’re talking about correct me.