Legal Question in Real Estate Law in Virginia

I recently purchased a condo where I now believe that the previous owners were smokers (indoors). When I first viewed the home before purchasing it, the smell was covered up by the smell of fresh paint. However, after the purchase, when the paint smell dissipated, an awful smoky smell was apparent. The smoke has now infiltrated all of my belongings (clothing, furniture, even my hair). I have also developed a cough from breathing the smoky air. Third hand smoke is a very real health concern (I have been researching it). What are the laws about disclosing a known health hazard like this? Do I have any legal recourse against the sellers? Would I need to disclose this information if I sell the property?

Asked on 1/01/14, 3:41 am

Michael Hendrickson Law Office Michael E. Hendrickson

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Yes, you may have a viable claim against the seller if you specifically inquired

regarding this particular issue prior to the closing and s/he failed to disclose the

smoking situation in the condo to you and/or otherwise misrepresented his

or her answer.

Otherwise, you are likely without a remedy for the situation described (in my opinion).

Answered on 1/02/14, 7:58 am

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