Termite Damage Found After Settlement

[jimc]

Buyer has found termite damage after settlement. House was inspected by buyers Home Inspector and Termite Inspector and neither found any damage. Seller appears not to have known about damage. Does buyer have any recourse ?

 

[Tracey]

Yes. Sue the inspectors for incompetance. S is not liable is s/he had no knowledge of or reason to suspect termites.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[jimc]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Tracey:
Yes. Sue the inspectors for incompetance. S is not liable is s/he had no knowledge of or reason to suspect termites.

<HR></BLOCKQUOTE>
What is buyer thinks seller should pay or feels seller might have known about it ?
Then what, any different ?

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by jimc:
Buyer has found termite damage after settlement. House was inspected by buyers Home Inspector and Termite Inspector and neither found any damage. Seller appears not to have known about damage. Does buyer have any recourse ?<HR></BLOCKQUOTE>

If the damage was obvious then the inspectors should be at fault. If the damage was in an area hidden from view, and the respective inspections were completed in accordance with national and State home inspection and termite inspection standards, then the inspectors have no liability. A home inspection is nondestructive.

If the Seller knew about the damage, then the issue becomes a seller disclosure case. If the damage is substantial, you should complain to all 3 parties.

I just completed consultation on a settlement case involving termite damage. The Sellers knew but the damage was not noted by both the home inspector and termite inspector. Only the Sellers were guilty because it was a coverup.

 

[seller]

Originally posted by jimc:
Buyer has found termite damage after settlement. House was inspected by buyers Home Inspector and Termite Inspector and neither found any damage. Seller appears not to have known about damage. Does buyer have any recourse ?[/QUOTE
Most home owners do not even know what a termite looks like. If the termite inspector didn't see it, why would you think the seller would have? The damage could have been in an inaccesible area, you didn't state. A re-sale house is like a used car, things are going to come up and break or need repair. Know that going into it.