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03-16-2009, 06:56 AM
| | Junior Member | | Join Date: Mar 2009
Posts: 3
| | | found out termite damage after 1 year
What is the name of your state (only U.S. law)? MA
I bought a house over a year ago in MA and realized that it has termite damage recently. A few pest control guys said the home inspector should have caught the damage. There was no termite disclosure from previous owner, although there was evidence that the house was treated before (from the drill holes on the garage floor) but the timing was not clear. What can I do? Any advice would be greatly appreciated. |
03-16-2009, 07:16 AM
| | Senior Member | | Join Date: Feb 2007
Posts: 9,159
| | | Unless you knew that the previous owner had knowledge of active infestation, probably nothing.
Generally it's custom to have a termite inspection done at purchase time. |
03-16-2009, 09:21 AM
| | Member | | Join Date: Mar 2009
Posts: 98
| | | Shocked you got a Mortgage, if indeed you needed one, without a Termite inspection. Meaning nothing, I suppose, but I have purchased many homes over the years and never was a termite inspection an option but mandatory.
Did you know about the previous damage at closing if so then it was up to YOU to further investigate and find out the "the timing".
Sounds like you knew about it, if wrong apologies, and bought anyway without further investigation and that is on you not an inspector. 1 year ago you could have even brought the issue up with the inspector. |
03-16-2009, 09:37 AM
| | Junior Member | | Join Date: Mar 2009
Posts: 3
| | | I didn't know about the termite damage until recently when I have a few pest control guys came out. They told me that the home inspector should have picked that up because of the structural damage but he didn't, unfortunately. Can I held him responsible? |
03-16-2009, 10:04 AM
| | Senior Member | | Join Date: May 2006 Location: I dunno. What time is it?
Posts: 1,661
| | Quote:
Originally Posted by FlyingRon  Unless you knew that the previous owner had knowledge of active infestation, probably nothing.
Generally it's custom to have a termite inspection done at purchase time. | Unless there is more recent case law, Swinton v. Whitinsville Savings Bank says seller does not have a duty to disclose. That doesn't mean they can lie about it though.
You may end up eating the repair costs. |
03-16-2009, 12:21 PM
| | Senior Member | | Join Date: Jan 2003
Posts: 19,650
| | | If you've been there a year, how do you know the termites PREDATED your ownership?
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03-16-2009, 12:49 PM
| | Junior Member | | Join Date: Mar 2009
Posts: 3
| | | Because the pest control guys told me the damage is ~3-6 years. It is all the way in the attic!! |
03-16-2009, 05:26 PM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,795
| | Quote:
Originally Posted by mlc2009 What is the name of your state (only U.S. law)? MA
I bought a house over a year ago in MA and realized that it has termite damage recently. A few pest control guys said the home inspector should have caught the damage. There was no termite disclosure from previous owner, although there was evidence that the house was treated before (from the drill holes on the garage floor) but the timing was not clear. What can I do? Any advice would be greatly appreciated. | **A: what did the termite inspection report state prior to your closing? | |
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