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We recently bought a home and after the first night sleeping there realized the prior owner smoked in the house. I don't know what to do. Is there any recourse to sue for damages since smoking in the house was not disclosed to us prior to buying the home? Any help would be greatly appreciated.
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Doubt it. Even assuming you could try to claim this as a material defect (which is extremely doubtful), did they take active steps to cover up the fact that smoking was permitted in the home? Did you do a walk through/inspection? This is probably something you should have noticed, so I’m doubtful you would be successful claiming that there was some type of impropriety on the seller’s part that would allow you to claim damages. That said, each situation turns on its own facts, so you may find it helpful to consult with an attorney based on your specific facts.
Answered on Dec 04th, 2013 at 3:52 PM