Legal Question in Real Estate Law in California
Incorrect Termite Disclosure
I recently purchased a house in California. During the process the seller provided a disclosure packet that contained termite inspection report indicating that the property is pest free. The report contained vague statements regarding the company's inability to check inaccessible areas. Upon occupancy I removed the carpets and found significant termite damage. Do I have any recourse against the seller, the seller's agent or the termite inspection company?
3 Answers from Attorneys
Re: Incorrect Termite Disclosure
Was a full termite inspection done? If so, certain areas are required and it sounds like they did not do this. There may be a case. How much damages occured? What cost to fix this?
JOEL SELIK
Attorney/Real Estate Broker
800-894-2889
www.4thelaw.com
Re: Incorrect Termite Disclosure
Were you represented by an agent? If so, they should have had a conversation with you about further inspection.
A pest company cannot tear up someone's carpet or linoleum to check for damage under them. They made a recommendation that there be further inspection.
You were not required to accept their report. You could have obtained a separate report of your own, from a different pest company.
How old was the pest report? You would need to prove to that the seller or his agent was aware of the problem (or should have been based on visual inspection). I have read numerous pest reports, and when they reccomend further inspection it is the buyer's responsibility to request them.
If you had an agent, that person could be responsible for not providing representation at the level required of the average agent in the area.
I think that you might have a tough climb on this one, but who knows without more facts.
Re: Incorrect Termite Disclosure
You may have a case. Do you have an estimate for damages. If you fax me your documentation to 714 363 0229, I will provide you with free consultation.