Jury rejects condo owner’s claim that broker misled her about smoker

A Suffolk County jury today rejected a Boston woman’s claim that her real estate broker misled her by concealing that a resident in the condominium below the one she bought for $405,000 smoked cigarettes.

After deliberating for less than an hour, the 14-member jury sided with the broker, Joseph DeAngelo, and his employer, Gibson Sotheby’s International Realty, over the plaintiff, Alyssa Burrage, according to Jay S. Gregory, the lawyer for the broker and real estate firm. Burrage, a 32-year-old advertising company employee, suffers from asthma.

During the weeklong trial, Burrage and her parents testified that they noticed smoke when they repeatedly visited the parlor-level condo in Boston’s South End in 2006, and that DeAngelo told them the owner must be a smoker and that the stench would disappear.

But DeAngelo contradicted that account, testifying that the subject of smoking never came up during the visits, Gregory said.

“There was a huge discrepancy between her version of events and his,” Gregory said. He attributed the testimony of Burrage and her parents to “self-serving hindsight” and “faulty memory.”

Neither Burrage nor her lawyer, Colleen C. Cook, were immediately available for comment.

source: boston.com

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