Termite Damage responsibility

[georgia13]

My wife and I just bought our first home Mableton, a suburb of Atlanta, Georgia. We closed on the 16th of this month and are painting the entire 32 year-old house before we move in this weekend.

On Friday, one of the painters noticed a bug lines/traces in the wall. He called and asked if he could remove part of the dry wall to see if his gut feel was correct. He called back to tell us the framing and insulation were eaten through by termites. This does not appear to be actively infested.

In the official inspection report we received prior to and at closing a previous infestation was listed for both subterranean termites and wood decaying fungus, but there was no active infestation listed. The property was treated in January of last year with a chemical barrier with a renewable bond through this January.

The inspection report lists "finished walls, floor coverings, attic and brick veneer" as "areas of the stucture obstructed or inaccessible". Is this a way for the termite company to escape any liability in a situation similar to what we are in?

Since, there was no damage noted in the disclosure is the seller responsible for any of the damage. To me, if you were aware of a previously active infestation, aren't you responsible for disclosing any damage associated with the infestation, as well as repairing any such damage?

I have the termite company coming out tomorrow to look at the area of concern, but I really am looking for some advice on possible next steps. If my wife and I just have to suck it up as a lesson learned that is fine, but I would (obviously) prefer for any party (eg; sellers, termite company, property inspector, etc) that is responsible for costs/repair to step up to the plate.

Thanks in advance.

 

[HomeGuru]

My wife and I just bought our first home Mableton, a suburb of Atlanta, Georgia. We closed on the 16th of this month and are painting the entire 32 year-old house before we move in this weekend.

On Friday, one of the painters noticed a bug lines/traces in the wall. He called and asked if he could remove part of the dry wall to see if his gut feel was correct. He called back to tell us the framing and insulation were eaten through by termites. This does not appear to be actively infested.

In the official inspection report we received prior to and at closing a previous infestation was listed for both subterranean termites and wood decaying fungus, but there was no active infestation listed. The property was treated in January of last year with a chemical barrier with a renewable bond through this January.

The inspection report lists "finished walls, floor coverings, attic and brick veneer" as "areas of the stucture obstructed or inaccessible". Is this a way for the termite company to escape any liability in a situation similar to what we are in?

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

Since, there was no damage noted in the disclosure is the seller responsible for any of the damage. To me, if you were aware of a previously active infestation, aren't you responsible for disclosing any damage associated with the infestation, as well as repairing any such damage?

**A: yes, but not if such damage was hidden from view.
******

I have the termite company coming out tomorrow to look at the area of concern, but I really am looking for some advice on possible next steps. If my wife and I just have to suck it up as a lesson learned that is fine, but I would (obviously) prefer for any party (eg; sellers, termite company, property inspector, etc) that is responsible for costs/repair to step up to the plate.

Thanks in advance.

**A: you would have a case if any of the mentioned parties had known or was aware of the damage.

 

[georgia13]

Any tips to offer on how to find this out?

My guess is that the termite company will be pretty smart about covering for themselves, since they have stated they do not have any responsibility to damage claims.

I plan to call the sellers myself or have our agent call, but we don't expect much to come out of that. Any suggestions?

 

[HomeGuru]

Any tips to offer on how to find this out?

**A: yes, but it is not worth it to hire an attorney, file litigation then as part of discovery take depositions of the involved parties.
*********

My guess is that the termite company will be pretty smart about covering for themselves, since they have stated they do not have any responsibility to damage claims.

I plan to call the sellers myself or have our agent call, but we don't expect much to come out of that. Any suggestions?

**A: no..............