Legal Question in Real Estate Law in California

Found termite in just-bought townhouse exterior wall

Hi,

I have just bought a townhouse ''AS IS'' in Mar. At that time, the seller has offered termite report which shows drywood termites in the front and back exterior wall. It doesn't mention any section one termites or any internal termites. It's around $1500. But recently, we made a termite inspection and found serious section one drywood termites internal and external on a wall not mentioned in previous seller's termite report. Our townhouse is the end unit of the building. And the wall is the one bordering common space, not the party/sharing wall.

HOA said they won't cover this exterior wall's termite work even in HOA doc, they mentioned they will repair/painting/maintain exterior wall.

So my question is :

1. Is the seller/seller's termite company responsible for this undisclosed termite damage ?

2. Is HOA responsible for this exterior wall's termite work and/or repair ?

We were told it's better to make fumigation to resolve the problem.


Asked on 8/31/07, 9:07 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Found termite in just-bought townhouse exterior wall

I don't have a specific answer that you will be satisfied with.

"As is", of course means the sale is closed without any legal recourse, perhaps not including fraud. It is possible that there was negligence by the inspecting company, and you'll have to read your contract provisions carefully.

You can forget the HOA being liable. Their contracts are inevitably one-sided, and courts do not get involved with finding liability of the HOA.

So, question #1 would be an answer of "maybe, but probably not". Read your provisions. I would answer "No" to question #2.

You should also consider having a local real estate lawyer review your problem, and get his/her opinion after reading the contracts.

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Answered on 9/02/07, 12:09 pm


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