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OFFICIAL MAGAZINE OF THE NATIONAL ASSOCIATION OF REALTORS®

Daily Real Estate News  |  March 31, 2010  |   Practitioner's Records Help Win Suit
A Massachusetts jury rejected a Boston condominium owner’s lawsuit against her real estate practitioner. The plaintiff contended that tobacco fumes from a downstairs neighbor constituted a health hazard, and claimed the practitioner hid that information from her when she bought the condo.

Defendant Joseph DeAngelo is an associate with Gibson Sotheby’s International Realty in Boston. The case was an attempt to position the “presence of a smoker in proximity as something requiring automatic disclosure, effectively creating a new burden for real estate [practitioners],” said DeAngelo’s attorney Jay Gregory, a principal in the Boston office of LeClairRyan.

Gregory said one of the reasons DeAngelo won his case was his thorough recordkeeping. “He kept copious notes of all his interactions with the buyer and retained all relevant e-mails and other communications. …He had all the disclosure documents and everything else necessary to establish that he had done his duty.”

Source: LeClairRyan (03/30/2010)

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