Thread: Termite Inspection gone bad

I'd talk with an attorney... I would imagine that you could get the inspector to pay for all of the necessary repairs, due to termite damage. As you said, HAD you known that there was termite damage, you would have been able to walk, if the termite report mentioned the approximate extent of the damages, but since the inspector stated that the house was CLEAR of termite damage (A$$UMING the report does say that) you might have a chance with the case.

Up here in WI, we don't have that issue, so I have never had to deal with that, but I would think that the inspector's "errors and omissions" insurance would take care of these situations.

I CERTAINLY would not take $250 as pay-off, if the repairs just to take care of the termites was in the thousands.

Like I said, read the inspection report as to the liabilityof the inspector and if you have any chance of recourse.

The problem with getting a lawyer involved is the expense. So, depending on what your definition of "extensive" is it might not be cost effective to go after the termite guy in court.

However, he does have a license which he can not operate without. These are the people who regulate termites inspectors in Texas.

http://www.agr.state.tx.us/spcs/

You can file a complaint here, but before you do, try to use the threat of a complaint as a bargaining chip to get the inspector to come up with more money.

Be careful taking his initial offer as it may limit your future recourse.

is there any recourse in the state of wisconsin?

The only issue you MIGHT have is proving that it was a pre-existing condition. Now if you just moved in, and you have extensive termite damage, that would be easy. If you have lived there even ONE SUMMER, it would be hard; as up here in WI, the winters USUALLY kill them off.

What remedies had you done and do you have "before pictures?"

The issue you are facing is that properties are sold "AS-IS," so unless you had intentional addendums/verbiage that explictly talks about termite damage, or some other guarantee, the standard forms don't take that into account (at least in WI, since termite damage is not as common as down south, were the winters are less severe.)

In ANY case, the previous homeowner's would be not liable, UNLESS you had WRITTEN proof that they stated that there wasn't ANY termite damages at time of sale, which again, you would need to prove there were, and thus you could go after them for a fraudulent claim. The ONLY recourse, if any, would be going after the inspector, and proving they neglected to inform you about the damages, and that you would have NOT purchased the property had you known of the damages.

As I mentioned previously, you could disucuss this with an attorney, to see if you have a case. The consultation should be free, and usually the attorney fees are taken from the settlement (1/3 to the attorney, 2/3 to you) so the attorney will make sure that the case has a good chance of winning. I would not use an attorney that had NO stake in the case, since those attorneys will take ANYTHING, since their payments are not tied to whether the case wins or loses, (their pay is from you, and not the settlement.)

Good luck!

Later!

I bought my house, a bank foreclosure, in July 2009. I was provided with a termite inspection report by the seller (the bank that foreclosed on the house). The report was one in april 2009. The report indicated there was no termites noted. They did noted some dry wood damage which was subsequently corrected.

Around Aug 2009, I saw dead termites around the windows in the living room. I called the termited company who came out and gave me a local treatment in one of the windows. Around Nov 2009, I saw some termites coming out of the porch from a hole (in front of the front door) I took picture and again informed the termite company. They gave another local treatment.

In November 2010, there was a rain leak resulting in damage to the wall in the same area I found the termites. I have a contractor take down the drywall. Well, there are significant evidence of damage to the wood, in addition, piles and piles of termite droppings were found.

The termite company reccommend tenting which they will CHARGE me for!

I'm very upset and angry as this appears to be a problem that has been going on for a while and they failed to find it. Besides, is it usually a prudent practice to reccommend tenting prior to a sale if the house termite history is unknown? This was my first home so I didn't know to ask that from the bank.

What recourse do I have at this time?

Originally Posted by Miller

I really feel like my beef is with the Termite Inspector and not the seller. She was an elderly lady and probably had no idea about the termites. I wouldn't have either had I not started to remodel. I do feel a professional should have caught this. Especially since the treatment specialist showed me all the indicators.

Just trying to see what my options might be.

I have to say that Greg did give you the best advice and especially by mentioning the E&O insurance. I understand your concern about the lawyers so I would call the inspector again and explain your position. You should have a copy of his E&O insurance with the report or there is the name possibly printed on the report. SOMEWHERE there is a place to find out who insures him. Or, just tell him, "Look, I'm going to need the name and number of your insurance because someone is liable here". That may be enough to either get him to come up with more money (which if you don't sign an agreement to drop it, can get you a lawyer) or he may do the honorable thing and work with you to file a claim on his insurance. That is what it is for. -Good Luck

I do think that you should be strongly thinking about hiring a new termite inspection company and then making sure that there should not be any holes left over in your home and more importantly there should be no dampness in your home.You should be very careful because termite sprays do cost a lot and you have to make sure that they do not get wasted.

You probably can have a legal recourse if this inspector had indicated that the property is free of termites in writing. This way, he cannot refute that he did say that were no termites in the property when as it turns out there are. The best way to further your claims is to get another inspector that can attest that the first inspector might have missed the signs of a termite infestation like the house is situated in soil that is constantly wet or that house has once incurred some water damage, a sure fire way to get termites interested in your woodwork.

The first thing to do is confront the inspector for such lapses and see if he was willing to pay for the damage he incurred. I agree with the latter poster that the inspector holds a license which is difficult for him to give up in just a simple way. He has a name and reputation also to protect so probably, he'd settle the issue and make a compromise rather than submitting himself to court.

Fhil F.
Social Media Manager
on behalf of Mike Austin