OK, I've read all of the smoke-nazi venom on this thread...a lot of it coming from you. So if someone "tells" you that the house you bought was a "non-smoking house" and later your over-sensitive nose picks up the scent of tobacco, you want to lawyer-up. Typical. Here's a newsflash for you...life's rough, so go get a helmut! Are you actually trying to tell me that you can smell old cigarette smoke through a fesh coat of latex paint? What are you, a walking mass-spectrometer?! If you couldn't tell that someone smoked in the house before you bought it, WAHHHHHH! Is there any other area of life where you would like to get a lawyer involved? If this is such a big deal to you, then put it in the contract. If you're willing to sue someone because they dared to say something, verbally, that later isn't the 100% truth, well then a fool and her money were lucky to get together in the first place.
But fear not. Smoking will be illegal in a few years. When it is, I'm sure you'll be one of the first to complain about the massive tax hike your state hands down to you when they no longer have any tax revenue from those evil, lying smokers to keep your roads maintained.
There...I feel better now.