Legal Question in Real Estate Law in California

Can seller have termite inspection & work done over one year before purchase agreement date as proof of their termite clearance & obligation to buyer? The seller's representative just called back the termite company to do a follow-up inspection & obtain a termite clearance after going into a purchase agreement with a buyer & presented the termite company's documents as completion of their termite obligation required by California law on a residential purchase.


Asked on 12/04/09, 9:57 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

As far as I know, and I may be wrong (and if I am, maybe other LawGuru lawyers will jump in and correct me), this is NOT an area governed by laws that say it has to be done one way or the other. Rather, it is an area where the "consenting adults" who are going to be parties to the transaction are expected to negotiate the deal. Maybe Lender X requires fresh pest reports, but Lender Y doesn't give a hoot. Maybe Buyer A is happy with no report, maybe Buyer B wants three current reports that are within plus-or-minus 5% of each other. This is a free-enterprise economy. Lots of things are regulated or impermissible based on laws, but as far as I know, the most limiting factor here is not some law, it's lender policies, which are negotiable to some extent, at least; but in any case are not prescribed by the legislature.

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Answered on 12/09/09, 11:44 pm

Actually there is a wood destroying organisms disclosure requirement but it's vague on how recent it has to be. If the termite company did work a year ago, AND now is willing to reinspect and issue a current report showing no termites remain or returned, then that would definitely qualify as meeting the disclosure requirements. Since the inspection and disclosure could be done now by another company to satisfy the requirements, there is no reason the original company can't, and here you have the advantage of full disclosure of their prior work too. Can't see what you'd complain about.

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Answered on 12/10/09, 12:16 am


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