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Recover damages after sale of home

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HomeGuru

Senior Member
Souix said:
Home Guru, are you suggesting that the writer take the Realtor to arbitration too?

**A: no. Arbitration in this case can only be between the parties to the contract, that being the Seller and Buyer. There could be arbitration between the Buyer and real estate company if there was an arbitration clause in the dual agency agreement etc. I would rather that writer file a complaint against the Realtor with the State real estate licensing office. That would be more effective.
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I have no idea how to setup arbitration or mediation as I have never been in that position. Actually, I have never been sued...so how does one setup arbitration, HomeGuru?

**A: either Buyer or the Seller files for arbitration by paying a fee and filling out the form. Checkout the American Arbitration Association website for details. There is some good info for you there.
 
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J

janec

Guest
Thank you. Can you tell me why you think I should file a complaint against the realtor with the state licensing board ?

I have all the paperwork at home and I will read it tonight to see if there is anything in the agreement.
 

Erik2003

Member
janec, you seem more concerned with the rat problem than the termite situation. Proper treatment for subterranean termites involves injecting poison around the entire foundation below the footing, since they live in the ground. This process costs well over $2,000 for a small house. Hopefully your well isn’t too close to the house, or better yet – you have city water. A standard house inspection should have caught both the rat and termite problem. Have your sills carefully inspected, you may have real structural problems.

FYI, male termites swarm twice a year (look like black flying ants) – early spring and late fall. Look for large collections of dropped wings throughout the house – attic – basement – garage.

Tenting is done for carpenter ants, not termites, since they live in the wood. Further more, if the house had recently been tented as claimed, it should have killed the rats.
 
J

janec

Guest
I am concerned about the termite issues also. Tenting probably did kill all of the rats in the house at the time. Too bad for the owner, tenting took place about two weeks before we actually closed. Because the house was not closed up (holes open to the crawl space, etc) the rats living in the garage moved in again. The garage was not tented. The garage was supposed to have insecticide injected into the slab, but as I indicated before I can see no evidence of that. The termite company missed a lot. Also, it is my understanding that, in California, termite inspections are required by the mortgage companies prior to funding the loan. It is NOT a general pest control inspection.

I have been meaning to call the termite company that did the original work. They charged the owner $1,800.00 to tent and to treat the subterrainian termites. I am not sure what kind of contractual obligation they have to me, they may have one to the mortgagor.
 

HomeGuru

Senior Member
janec said:
Thank you. Can you tell me why you think I should file a complaint against the realtor with the state licensing board ?

**A: because the Realtor is a Big Dirty Rat.
*********

I have all the paperwork at home and I will read it tonight to see if there is anything in the agreement.

**A: that's a good idea.
 

HomeGuru

Senior Member
Erik2003 said:
janec, you seem more concerned with the rat problem than the termite situation. Proper treatment for subterranean termites involves injecting poison around the entire foundation below the footing, since they live in the ground. This process costs well over $2,000 for a small house. Hopefully your well isn’t too close to the house, or better yet – you have city water. A standard house inspection should have caught both the rat and termite problem. Have your sills carefully inspected, you may have real structural problems.

FYI, male termites swarm twice a year (look like black flying ants) – early spring and late fall. Look for large collections of dropped wings throughout the house – attic – basement – garage.

Tenting is done for carpenter ants, not termites, since they live in the wood. Further more, if the house had recently been tented as claimed, it should have killed the rats.

**A: correction- tenting is done for drywood termites. There are 2 kinds of termites that being ground and drywood. Ground treatment is done for ground termites and tenting for drywood termites.
You are correct in that tenting should have killed the rats provided it was not the rats that did the tenting.
 

HomeGuru

Senior Member
janec said:
I am concerned about the termite issues also. Tenting probably did kill all of the rats in the house at the time. Too bad for the owner, tenting took place about two weeks before we actually closed. Because the house was not closed up (holes open to the crawl space, etc) the rats living in the garage moved in again. The garage was not tented. The garage was supposed to have insecticide injected into the slab, but as I indicated before I can see no evidence of that. The termite company missed a lot. Also, it is my understanding that, in California, termite inspections are required by the mortgage companies prior to funding the loan. It is NOT a general pest control inspection.

I have been meaning to call the termite company that did the original work. They charged the owner $1,800.00 to tent and to treat the subterrainian termites. I am not sure what kind of contractual obligation they have to me, they may have one to the mortgagor.

**A: what? You have not called the termite people yet? Rats, I thought you did.
 

Souix

Senior Member
HomeGuru aka Spiderman is correct. Here in the Pacific Northwest we get alot of carpenter ants because of our dense forests. They are large black ants that burrow in wood, they do not eat wood though. The queen ant has wings but not to be confused with termites. Termites eat wood, carpenter ants do not. We hardly ever see tenting here for termites, but I know California is famous for it.....not to be confused with Barnum and Bailey.
 

Erik2003

Member
I think you’re spending way too much time on the web.

Clarification:

Subterranean Termite: Feed on wood – Colony in ground
Drywood Termite: Feed on wood – Colony in wood
Carpenter Ant: Do not feed on wood – Colony in wood

FYI: Tenting is a virtually useless method of exterminating any of the above.
 

HomeGuru

Senior Member
Erik2003 said:
I think you’re spending way too much time on the web.

**A: I agree.
*******

Clarification:

Subterranean Termite: Feed on wood – Colony in ground
Drywood Termite: Feed on wood – Colony in wood
Carpenter Ant: Do not feed on wood – Colony in wood

FYI: Tenting is a virtually useless method of exterminating any of the above.

**A: I disagree, especially concerning the tenting for drywood termites.
 

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