Legal Question in Real Estate Law in California

I recently purchase a home and was not disclosed the previous owner was a smoker. What can I do? I have an 18 month old and I am afraid of the third hand smoke! Very concern.


Asked on 10/28/13, 11:15 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I have never heard that "previous owner was a smoker" is a required disclosure. The smell from tobacco use should be detectable upon entry and inspection of a for-sale property. I think the solution is to have the carpets shampooed and the walls and ceiling washed. You could try asking the seller to pay for it, but I don't think there is any legal requirement either for disclosure of smoking nor to pay for clean-up.

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Answered on 10/29/13, 8:46 am


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