Edward G. Mceneaney v. Chestnut Hill

Fraud. Real Property, Condominium, Sale. Sale, Real estate. Condominiums, Common area. Limitations, Statute of. Nuisance. Fiduciary. PORADA, J. On August 21, 1987, the plaintiff purchased a condominium at the Brook House in Brookline. At the time of the purchase he inquired of the real estate agent, the defendant Brenda Marsh, whether the condominium was quiet and was assured by her that ""the unit was quiet and that there [were] no noise problems with the unit."" In June, 1990, the plaintiff began to experience noise and vibrations in his condominium after an air conditioning chiller system which was in place in a common area of his building but was inoperative at the time of purchase was activated. When the noise level and vibrations were not remedied by the trustees of the Brook House Condominium Trust, he filed an action in the Superior Court against Marsh and her employer, Chestnut Hill Realty Corporation (Chestnut Hill), for misrepresentation and against the trustees for nuisance and breach of fiduciary duty.