Discovered extensive termite damage in VA home

What is the name of your state? VA
Sellers now live in FL
Broker/Dual Agent in VA

We are seeking an opinion concerning termite damage in our newly purchased home.

In July 2002, we purchased our first home from a couple who had lived in the home for more than 18 years. We did not have our own real estate agent, so agreed to use the seller’s agent as a dual representative. Prior to purchasing the home, the real estate agent and sellers made a point to highlight a new Berber carpet installed in the family room of the home. Out of curiosity, we asked what type of flooring was under the carpet. The sellers responded with an answer that was in hindsight oddly delayed (considering they had just installed the carpet), but ultimately indicated hardwood floor. This was affirmed by the real estate agent. When asked about the condition of the flooring, the sellers gave an answer that indicated the flooring was in good condition, but their manner of response seemed again slightly odd. I considered whether they were being honest, and was worried that the finish on the floors might nonetheless be in poor condition. The real estate agent, however, used a portion of the exposed hardwood flooring leading to the basement as an evidence of the floor’s color, style and likely condition. Satisfied, we moved on to other areas of the home.

When we ultimately agreed to buy the home, we were aware that we were to receive a termite inspection report. The seller’s agent, who was acting as a dual representative, called to tell us that she had received the termite inspection report and that “everything was fine”. At the time, we believed this agent was a responsible and honest representative. During the course of the transaction, the agent repeatedly faxed us documents (amendments to the contract and other items related to the home), but never provided us a copy of the termite inspection report. Since she had not indicated that there was any trouble with the termite inspection report, we did not press for an actual copy and took her word on the matter.

On the day of closing at the signing table, we saw for the first time the termite inspection report. It indicated visual evidence of termites in the soil near the rear exterior of the home. It also clearly revealed that more that two thirds of the exterior perimeter of the home could not be inspected because of shrubbery, and that the interior of the home had also not been inspected. We were shocked by what the report revealed. We were led to believe that the report was clean and that the home had been completely inspected for termites.

Please remember that my wife and I were at the signing table. The sellers were not present. The agent signed on their behalf with a “power of attorney”. We insisted that before another document was signed we wanted the opportunity to speak with the pest control company that performed the inspection. The agent and closing company agreed. The pest control company was not particularly helpful, but indicated that the property had been treated. In the end, the agent, pest control-company, and closing company made us feel that we were over reacting to the termite inspection report. Moreover, the agent explained that the termite inspection complied with the terms of the contract, and also implied that if we decided not to proceed with the closing we would be in breach of the contract. We were also reminded that the home was also under a termite warranty.

Accordingly, we purchased the home.

In April of this year, nine months of being in our first home, we noticed one morning hundreds of dying black swarming termites on the new Berber carpet in the family room. They were aligned along the French door leading to the back yard. We called the pest-control company associated with the house, and an inspector visited the home.

During that visit, he pulled up with some difficulty a three foot section of the Berber carpet along the French door. Underneath, he found extensive termite damage extending the full length of the exposed area. His opinion was that the damage to the hardwood flooring was “old damage” and not indicative of a current infestation. He sighted the dry nature of the soil in the termite tubing as evidence of its age. His explanation for the “fliers” was ambiguous and implied that they could have even been coming from outside.

The termite inspector did finally indicate that they would spot drill the concrete slab, and made an appointment for a technician to do the work within a few days.

While we waited, we continued to have dying black winged termites along the French doors. Each day we would clean them up, and the next day they would return.

At the time, I assumed the Beber carpet would have to removed in order for them to properly drill the slab. Believing this, my wife and I removed the carpet before the technician’s scheduled appointment. What we found was absolutely shocking. More than a fourth of the room had extensive termite damage. Entire 3-4 foot planks had been consumed by termites. Even in the middle of the room. More importantly, however, we discovered several sections had been “repaired” using plaster in some areas and filled with silicone caulking gel (or some type of glue) in others!

I was told that termites take years to create damage as extensive as ours. Specifically, I was told by the termite inspector that termites can only eat two feet of wood a year. My flooring had a number of planks completely devoured, which the sellers clearly concealed.

Needless to say, we were quite upset. On the day the termite technicians came, they immediately commented that even they were surprised by the extent of the damage. They also noticed the repairs and suggested I should sue the sellers. In the meantime, I learned that the termite company was not there to drill the slab as I had been told, but to apply chemical to the exterior of the home. I questioned this and was told that the inspector had only provided instructions to treat the exterior portion of the French doors in the back yard.

The technicians explained to me that the treatment would be an effective barrier against the termites and only that section of treatment was required, as that likely was the point of entry. To appease me, they agreed to “treat” an additional ten foot section, which they asked me not to share with the company, saying that if I wanted the entire perimeter of the home treated, I should call the company later and argue my point.

Over the next several days, I began researching as much as I could on the matter of locating and identifying termites and termite damage. I inspected the entire perimeter of the home, and found additional termite damage to the patio fencing, which is attached to the back of the home along the family room, and extensive damage to several porch columns and railing in the front of the home. “Repairs” to the columns had also been poorly made with some sort of gel or caulking, as in the family room, and concealed by the sellers with white paint. (I should point out that the sellers also told us they had the pouch recently replaced.) This spring we have noticed additional “repair” jobs where the paint along the railings and columns of the porch weathered differently over the gel patched areas.

Clearly there was extensive termite damage to the front of the home as well.

A few days ago, we began the process of removing the family room flooring and discovered to our surprise an active infestation of termites. When we lifted a few boards near the Frech doors, an area that was just “treated” by the pest control company and represented to us as “old damage”, we found thousand of scurrying white termites in and beneath the floor boards. We are devastated by this experience.

This was our first home, and we could never have imagined we would be dealing with this nightmare. We have scheduled a new appointment with the pest control company, an in the meantime are living with infested, torn-up flooring.

There are also other signs in the home we are now concerned with. Though verification of additional infestation or damage would require demolishing more carpeting and drywall.

Here are the questions we would like to explore with you:

Do we have a claim against the sellers for concealing the termite damage, which they clearly had knowledge of?

Do we have a claim against the agent for failing to disclose the true nature of the termite inspection report in a timely manner when we would have been in a position to make further investigation or take an alternative course of action?

Do we have a claim against the pest control company for failing to properly identify, inspect and treat the termite damage?

What evidence to we need to preserve concerning the damage and the seller’s repairs, before we replace the flooring?

What are our options in terms of remedies?

The home was purchased in Loudon County, VA. The Agent is with a real estate firm located in Leeseburg, VA. The sellers now live in Florida.

Any assistance you can provide us concerning this matter would be greatly appreciated.

[faithandhope]

Document everything. Take pictures, video, etc. of the damage before replacement and contact the agent immediately by certified letter. Time is passing and you need to act quickly. If the agent does not respond, contact the broker and if that gets no notice contact the state licensing regulator for that realtor and file a complaint. That usually will do the trick because that goes on their record no matter what. In the meantime, find a competant lawyer who specializes in this field. That realtor was out of line not giving you a copy of the report from the termite company before closing. If the carpet was just installed then there was no way the sellers were not aware of the defects. Best of Luck.

[HomeGuru]

Originally posted by BilboFlack
What is the name of your state? VA
Sellers now live in FL
Broker/Dual Agent in VA

We are seeking an opinion concerning termite damage in our newly purchased home.

In July 2002, we purchased our first home from a couple who had lived in the home for more than 18 years. We did not have our own real estate agent, so agreed to use the seller’s agent as a dual representative.

**A: wrong move as you now know. Did you sign a dual agency agreement/disclosure?
*******

Prior to purchasing the home, the real estate agent and sellers made a point to highlight a new Berber carpet installed in the family room of the home. Out of curiosity, we asked what type of flooring was under the carpet. The sellers responded with an answer that was in hindsight oddly delayed (considering they had just installed the carpet), but ultimately indicated hardwood floor. This was affirmed by the real estate agent. When asked about the condition of the flooring, the sellers gave an answer that indicated the flooring was in good condition, but their manner of response seemed again slightly odd. I considered whether they were being honest, and was worried that the finish on the floors might nonetheless be in poor condition. The real estate agent, however, used a portion of the exposed hardwood flooring leading to the basement as an evidence of the floor’s color, style and likely condition. Satisfied, we moved on to other areas of the home.

**A: what was noted in the seller's disclosure statement? Did you have a home inspection?
*********

When we ultimately agreed to buy the home, we were aware that we were to receive a termite inspection report. The seller’s agent, who was acting as a dual representative, called to tell us that she had received the termite inspection report and that “everything was fine”. At the time, we believed this agent was a responsible and honest representative. During the course of the transaction, the agent repeatedly faxed us documents (amendments to the contract and other items related to the home), but never provided us a copy of the termite inspection report. Since she had not indicated that there was any trouble with the termite inspection report, we did not press for an actual copy and took her word on the matter.

**A: wrong move. You should have gotten a copy of the termite inspection report the day the agent got it.
*********

On the day of closing at the signing table, we saw for the first time the termite inspection report. It indicated visual evidence of termites in the soil near the rear exterior of the home. It also clearly revealed that more that two thirds of the exterior perimeter of the home could not be inspected because of shrubbery, and that the interior of the home had also not been inspected. We were shocked by what the report revealed. We were led to believe that the report was clean and that the home had been completely inspected for termites.

Please remember that my wife and I were at the signing table. The sellers were not present. The agent signed on their behalf with a “power of attorney”. We insisted that before another document was signed we wanted the opportunity to speak with the pest control company that performed the inspection. The agent and closing company agreed. The pest control company was not particularly helpful, but indicated that the property had been treated. In the end, the agent, pest control-company, and closing company made us feel that we were over reacting to the termite inspection report. Moreover, the agent explained that the termite inspection complied with the terms of the contract, and also implied that if we decided not to proceed with the closing we would be in breach of the contract.

**A: this agent gave you a BS line in order for you to close. You should have stopped everything and consulted with a real estate attorney.
***********

We were also reminded that the home was also under a termite warranty.

**A: did you get to review the warranty papers prior to closing?
***********

Accordingly, we purchased the home.



I was told that termites take years to create damage as extensive as ours. Specifically, I was told by the termite inspector that termites can only eat two feet of wood a year.

**A: not true. If it was ground termites, a colony can level a home in a year.
Why did you not send the termite compnay a certifed rrr demanding complete ground and drywood treatment and that spot treatment will not be accepted.
*********


Here are the questions we would like to explore with you:

Do we have a claim against the sellers for concealing the termite damage, which they clearly had knowledge of?

**A: yes, so where is the attorney that you should have hired before closing?
*******

Do we have a claim against the agent for failing to disclose the true nature of the termite inspection report in a timely manner when we would have been in a position to make further investigation or take an alternative course of action?

**A: yes.
*************

Do we have a claim against the pest control company for failing to properly identify, inspect and treat the termite damage?

**A: yes.
******

What evidence to we need to preserve concerning the damage and the seller’s repairs, before we replace the flooring?

**A: your attorney will give you a list and advise youa s to the carious experts needed on this case.
*********

What are our options in terms of remedies?

The home was purchased in Loudon County, VA. The Agent is with a real estate firm located in Leeseburg, VA. The sellers now live in Florida.

Any assistance you can provide us concerning this matter would be greatly appreciated.

**A: see above.

Thank you all for responding to my post. I realize that these posts are lengthy, but I hope that in addition to the great responses I am getting, someone who is just researching a similar problem will avoid the mistakes we committed in this transaction.

HomeGuru, I now agree that proceeding without an attorney was a colossal mistake. One I am certain to never repeat again in the future. However, in our defense, this was our first home and we did not fully understand the risks involved. The process of buying your first home can be a bewildering experience. Money often also plays a role when making certain decisions. Finally, both my wife and I are reasonably intelligent individuals who did not anticipate negligent and fraudulent actions from the parties involved. In the end, we believed in the honesty of the “nice” people in this transaction. How naïve is that!?

I can’t change the mistakes of the past, but I absolutely will make the attempt to avoid making new ones in the future. This is in part why I am posting here. As I said earlier, I also hope the details of our continuing problem will save others from a similar experience and avoid a great deal of pain, frustration and cost.

In any event, I wish to respond to the few questions you raised:

1) We did sign a dual agency agreement with the seller’s agent. I agree. NEVER DO THIS!

2) The seller’s disclosure statement never revealed any prior termite problems in the home.

3) We did have a home inspection performed by a company of our choice. We selected them in part because they were a national company with all the top rated certifications. They were responsible for the home inspection and the radon testing, but did not have responsibility for the termite inspection. We are now contracting them to come and specifically document the extent of the damage. We felt this was a good move, as they have no interest in selling us pest control product or to downplay the extent of damage for potential liability reasons.

4) We reviewed the language of the termite inspection clause in our contract and realize that the conditions might not have been satisfied by the inspection that in fact took place. The clause states, “…Seller at the Seller’s expense, will furnish a written report from a pest control firm dated not more than thirty days prior to Settlement showing that all dwellings, and/or garages to within the property (excluding fences and shrubs not abutting garages or dwellings) are free of visible evidence of active termites and other wood destroying insects, and free from visible structural insect damage. Any extermination and structural repairs identified in the inspection report will be at the Seller’s expense.”

The report claims limited to no access to almost everything.

They also identify a side of the house as having “dense vegetation” where there is in fact none. Oddly there is currently only a single half-dead pine (literally, as if one side had been burned, or something) that would not have prevented visual inspection of the twelve inch area it covers. There is nothing else that grows there! Not even grass, just mud and dirt. Upon a closer look, I now realize that other vegetation is dying along that side of the house. The yard in that area slopes downward, and rain water washes into a planting bed where we also lost another tree between the time we first saw the house to the time we moved in. There is also a seven foot rhodo(?) bush in the planting bed that has also lost large sections of foliage in a very odd pattern.

To clarify, this side of the house is also the side of the house were the extensive termite damage was located in the family room. Now I am concerned that the Seller self-treated the termite problem with god knows what! Clearly something toxic was used. Vegetation elsewhere around the house is fine.

Also, I notice the report indicates “dense vegetation” in the area of soil where they in fact located visible termites. There is no vegetation there now. Clearly, someone had it removed.

Today, the pest control company came back to the house. After seeing the damage, the inspector called a regional manager and described the damage as “massive”. It was unclear what they intend to do, but claimed they would get back to us by Monday at the latest.

When the inspector arrived, my wife found him in our backyard taking notes. He had not yet knocked on the door to indicate his arrival. That got me to thinking, and decided to later inspect more closely the items he was likely to see back there. I noticed something that I had not realized previously. The fence that encloses our patio literally has every board at the base eaten by termites. There are easily more than fifty boards in that condition. Looking more closely at the original termite inspection report, it makes no mention of this damage- an area they did inspected without obstruction.

In any event, I was able to establish that the original inspection report was complete more than three weeks before our closing. Clearly, the Agent/Sellers had plenty of time to provide this report to us, rather than at the signing table.

Also we noticed that the report requires signed acknowledgments from both the buyers and sellers. It states, “This report is integral to, and a necessary part of the inspecting company’s full disclosure as to the scope and inherent limitations of the inspection and report of findings. It is most important that the interested parties acknowledge this advice. The Seller hereto agrees that all known property history and information regarding WDI infestation, damage from infestation, and treatment history has been disclosed to the Buyer…This report must be signed by the Buyer and Seller as applicable. A legible copy of this signature page must be returned to the inspecting company by the person ordering this report." There is a short acknowledgement under the Buyer’s signature block that states, “The undersigned hereby acknowledges receipt of a copy of this report.”

Neither the Sellers nor we signed this report.

5) We reviewed the termite warranty, and pretty much feel that it is a worthless document. They’ll just come in and apply additional product at their discretion. They essentially disclaim all other liability.

6) We, of course, are in the process of selecting an attorney, and will post our progress accordingly.

Finally, while looking at the photographs of the home supplied to us by the agent, we realized that in one picture a different Real Estate firm was representing the Sellers at the time of the photo. Their sign is just barely visible, but clearly recognizable as one coming from a national real estate firm other than the one the agent belonged to. How odd! Clearly, the Sellers were unsuccessful in selling the home previous to being represented by our agent’s firm. Also, I had once download from a government website a satellite photograph of our home. In the photo it clearly shows the presence of a “for sale” sign in the yard. I am in the process of verifying the date of that satellite photo to see if it corresponds to the date the agent and sellers represented to us the home went to market.

I appreciate all your responses and will continue to report back as to our progress in this matter- and perhaps some additional questions along the way. Thanks all for your advice and support.

[HomeGuru]

You have a mess and need the services of a real estate atttorney. After the attorney reviews your case, he/she will decide on the next course of action and who the defendants will be.

Quick update:

Well, as I described in my last post, the pest control company was to contact us to let us know what they intended to do. After waiting for their call for the bulk of today, I finally initiated a call to the office. I spoke directly with the manager, who now indicated “he” wants to see the damage! Naturally, I was frustrated by this, as they still have not indicated how they intend to treat the active infestation. Moreover, he also told me that his regional manager may also want to see the damage. If the manager and regional manager were to inspect the damage, this would bring the total to 6 people from the pest control company who will have seen the damage to our home! Unbelievable! Does this sound right?

We are still trying to select an attorney on this matter, but in the mean time need resolution on treatment of the infestation. Any ideas on how I should break this impasse?

[HomeGuru]

Originally posted by BilboFlack
Quick update:

Well, as I described in my last post, the pest control company was to contact us to let us know what they intended to do. After waiting for their call for the bulk of today, I finally initiated a call to the office. I spoke directly with the manager, who now indicated “he” wants to see the damage! Naturally, I was frustrated by this, as they still have not indicated how they intend to treat the active infestation. Moreover, he also told me that his regional manager may also want to see the damage. If the manager and regional manager were to inspect the damage, this would bring the total to 6 people from the pest control company who will have seen the damage to our home! Unbelievable! Does this sound right?

**A: yes, that is their MO. Tell them to also get the President and CEO to inspect at the same time.

********

We are still trying to select an attorney on this matter, but in the mean time need resolution on treatment of the infestation. Any ideas on how I should break this impasse?

**A: give the company some more time.