Selling With Subterranean Termites

[AICA]

What is the name of your state? CA

As part of our contingencies we had to get a pest/termite inspection completed- and just found out we have subterranean termites. I have lived in my condo for 2 years.

Our inspector stated that our home may have been infected prior to our purchase 2 years ago- she also stated it was very distrubing how much they spread considering we've only been in the home for 2 years- and she suggested that I may have purchased the home with the termites- unknowingly.

I checked our termite inspection report from the seller's inspector 2 years ago and the inspection does not state anything about termites, just dry rot, etc...which was not an issue at the time of purchase- however had I known about the termites, I would have never purchased the home.

-Do I have any legal rights to make the original inspector liable for the report given to me 2 years ago had the termites been there at the time?
-Can the seller's agent also be liable for this false report since this was not disclosed to me?

What rights do I have? I am looking into our HOA to see if they cover the cost of fixing this problem since it is both interior and exterior problems, but I feel that I was sold this home on false information and want to have the inspector and/or selling agent liable for this current issue- can I take any actions? Thank you in advance for any suggestions or advice!

[CAlandlords]

Originally Posted by AICA

What is the name of your state? CA

As part of our contingencies we had to get a pest/termite inspection completed- and just found out we have subterranean termites. I have lived in my condo for 2 years.

Our inspector stated that our home may have been infected prior to our purchase 2 years ago- she also stated it was very distrubing how much they spread considering we've only been in the home for 2 years- and she suggested that I may have purchased the home with the termites- unknowingly.

I checked our termite inspection report from the seller's inspector 2 years ago and the inspection does not state anything about termites, just dry rot, etc...which was not an issue at the time of purchase- however had I known about the termites, I would have never purchased the home.

-Do I have any legal rights to make the original inspector liable for the report given to me 2 years ago had the termites been there at the time?
-Can the seller's agent also be liable for this false report since this was not disclosed to me?

What rights do I have? I am looking into our HOA to see if they cover the cost of fixing this problem since it is both interior and exterior problems, but I feel that I was sold this home on false information and want to have the inspector and/or selling agent liable for this current issue- can I take any actions? Thank you in advance for any suggestions or advice!

Had you known about the termites you would have never bought the home? That's like saying "Had I known CA has earthquakes I would have never bought the home. Why didn't anyone disclose this to me?" All homes in CA have termites. And if they don't now, they will soon. It's just a matter of how big the termite problem is when you bought the home.

The seller's agent is not responsible for the termite inspector missing the termites if that is what happened. So NO, you cannot sue them. The inspector is the only one who would be liable but good luck proving that the termites were there when he/she inspected the home. How would you even do that?? Termites can spread that quickly. It is very possible and probably the case in your situation.

Chances are the HOA is responsible for treating them so it probably won't be your buck anyway. Where are the "interior" subterranean termites anyway? That's not normal.

[HomeGuru]

Read the exclusions and the inaccessible areas in the termite report. Direct your efforts towards the HOA.