Termites

[mrsabba]

What is the name of your state? Ohio

The disclosure statement reads: "Do you know of the presence of any wood boring insects/termites in or on the property or any existing damage to the property caused by wood boring insects/termites?" The "No" box is checked.

On July 1, 2004 we had a pest inspector out to inspect the property. In his report he checked the box "Section II a. No Visible evidence of wood destroying insect infestation was observed."

In March of 2005 there were swarming "ants" on the exterior and interior of the house on the south side. I saved the "ants" and called the pest company. They told me they were pavement ants and they would not be covered by the limited warranty in the inspection report.

I called a large pest company that we'd dealt with at our previous home. Their inspector said it was pavement ants, sprayed and signed me up for a monthly service.

In May the large pest company sent another tech out to service the home. I told him I noticed "white ants" in the garden and around the wood landscaping timbers. He asked if I had samples of the flying "ants." I showed them to him and he said, "You have termites. You need to call your pest inspector to have them treat if you have a warranty."

Our pest inspection report states, "Should any active infestation occur within one year of the date of this inspection from termites, carpenter ants, carpenter bees or wood boring beetles and Section II box a. is checked (No visible evidence of a wood destroying insect infestation was observed) and a pest control treatment is necessary," (the pest company) "will provide that treatment(s) as needed withing the warranty period at no cost, provided we are notified of the infrestation before any other corrective action such as chemical treatment, structural alteration and/or repair is performed. This limited service warranty specifically excludes any remedies other than those agreed to herein."

In July the pest company came out and did a perimeter treatment of Termidor per the Limited Service Warranty and said they would warrant the home for a year and come out and inspect next year. They said it would take 3 months after treatment to rid of the pests.

In the meantime, we have an interior wall that was infested with termites and we have no idea what lies behind the wallpaper and paneling.

We would like to go after the inspection company to pay for damages. This wall area (I have pictures from inspection date) was not covered up by furniture and the bulge in the wall was there when we moved in January 2005.
If the inspector had found the problem in July 2004 we would have asked the Seller to pay for the damage to the wall. (and the Termidor treatment)
In addition, I have been told by the large pest company that the termites could not have done that kind of damage in 6 month's time.

Can we go after the pest inspector company?

Can we go after the seller?

[HomeGuru]

Originally Posted by mrsabba

What is the name of your state? Ohio

The disclosure statement reads: "Do you know of the presence of any wood boring insects/termites in or on the property or any existing damage to the property caused by wood boring insects/termites?" The "No" box is checked.

On July 1, 2004 we had a pest inspector out to inspect the property. In his report he checked the box "Section II a. No Visible evidence of wood destroying insect infestation was observed."

In March of 2005 there were swarming "ants" on the exterior and interior of the house on the south side. I saved the "ants" and called the pest company. They told me they were pavement ants and they would not be covered by the limited warranty in the inspection report.

I called a large pest company that we'd dealt with at our previous home. Their inspector said it was pavement ants, sprayed and signed me up for a monthly service.

In May the large pest company sent another tech out to service the home. I told him I noticed "white ants" in the garden and around the wood landscaping timbers. He asked if I had samples of the flying "ants." I showed them to him and he said, "You have termites. You need to call your pest inspector to have them treat if you have a warranty."

Our pest inspection report states, "Should any active infestation occur within one year of the date of this inspection from termites, carpenter ants, carpenter bees or wood boring beetles and Section II box a. is checked (No visible evidence of a wood destroying insect infestation was observed) and a pest control treatment is necessary," (the pest company) "will provide that treatment(s) as needed withing the warranty period at no cost, provided we are notified of the infrestation before any other corrective action such as chemical treatment, structural alteration and/or repair is performed. This limited service warranty specifically excludes any remedies other than those agreed to herein."

In July the pest company came out and did a perimeter treatment of Termidor per the Limited Service Warranty and said they would warrant the home for a year and come out and inspect next year. They said it would take 3 months after treatment to rid of the pests.

In the meantime, we have an interior wall that was infested with termites and we have no idea what lies behind the wallpaper and paneling.

We would like to go after the inspection company to pay for damages. This wall area (I have pictures from inspection date) was not covered up by furniture and the bulge in the wall was there when we moved in January 2005.
If the inspector had found the problem in July 2004 we would have asked the Seller to pay for the damage to the wall. (and the Termidor treatment)
In addition, I have been told by the large pest company that the termites could not have done that kind of damage in 6 month's time.

Can we go after the pest inspector company?

Can we go after the seller?

**A: yes and yes. But the Seller may not have knowledge.

[mrsabba]

Do you know if there is a statute of limitation on this?

If so, what is it, please?