termites

What is the name of your state? NY

I just bought my house in February, 2003. I had an inspection done in January 2003. I paid extra for the termite test. The inspector stated that everything was OK. Since moving in in late February, I have noticed termites. I just had an exterminator come in and received an estimate for $1200. to get rid of the termites. There is evidence of termites in numerous places and there is also termite damage (to the siding and parts of the garage) that will have to be replaced. Is the inspector responsible to help me pay for these repairs, since he missed all of this , and the termite damage means the termites were there at the time he did the inspection. I would like him to refund what I paid him and reimburse me the fee for the termites ($1200.) He is a licensed and insured engineer.

[HomeGuru]

[quote]Originally posted by mefny
[b]What is the name of your state? NY

I just bought my house in February, 2003. I had an inspection done in January 2003. I paid extra for the termite test. The inspector stated that everything was OK. Since moving in in late February, I have noticed termites. I just had an exterminator come in and received an estimate for $1200. to get rid of the termites. There is evidence of termites in numerous places and there is also termite damage (to the siding and parts of the garage) that will have to be replaced. Is the inspector responsible to help me pay for these repairs, since he missed all of this , and the termite damage means the termites were there at the time he did the inspection. I would like him to refund what I paid him and reimburse me the fee for the termites ($1200.) He is a licensed and insured engineer.

**A: and when you called this first inspector out to inspect the damage and termites, what was his/her response?

well I actually didn't call him then. I didn't know how extensive the damage and problem was, so I didn't call him at that time. Should I call him now and let him come over and check out the situation?

[JETX]

First thing you need to do is to review the original inspection report. Confirm that it actually claims no evidence of termite damage or activity. Also, look for any information on the company being bonded.

I would suggest that you write the inspector a letter (certified RRR) detailing the damage and include a copy of the termite report. Ask them to respond to you in writing within 5 days as to their proposed action and to provide information on their bonding policy (if not on the original report).

Once you get your report (or not), then you can consider what actions to take.

Also, it is unreasonable for you to expect both the fees paid PLUS damages.

[HomeGuru]

Read the original contract or disclaimers contained in the termite report. THe inspector is not liable for hidden and inaccessible areas**************

Thank you both for the advice. When you say hidden, there is quite a lot of evidence of the termites in the garage. If the seller had boxes in front of it, is that considered hidden?(I think there may have been boxes stacked up, but I can't really remember). Some other evidence is in the crawl space, (it's accessible, but small) and some of it is on the outside siding, where it is even easier to detect if he had looked.

If it's unreasonable to go for both damages and his fee, I will try for the damages since they are much more than his fee.

Thanks again!

[HomeGuru]

[quote]Originally posted by mefny
[b]Thank you both for the advice. When you say hidden, there is quite a lot of evidence of the termites in the garage. If the seller had boxes in front of it, is that considered hidden?(I think there may have been boxes stacked up, but I can't really remember).

**A: yes as the inspector can not inspect what he/she can not see.
************

Some other evidence is in the crawl space, (it's accessible, but small) and some of it is on the outside siding, where it is even easier to detect if he had looked.

If it's unreasonable to go for both damages and his fee, I will try for the damages since they are much more than his fee.

Thanks again!

**A: you need to keep at it.