Legal Question in Real Estate Law in California

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

[email protected]

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.