Legal Question in Real Estate Law in California
statute of limitations
Our house cleared a termite inspection on July 2,2002. Last October 2003 we discovered drywood termite holes upon our son's bedroom uncovered hardwood oak flooring. Our own termite inspector also saw the damage and fresh evidence under the house just below our son's bedroom. We have paid for the inspection, tenting of the house, and finally we will need to have some repairs done. Having the original termite report at the time of sale and our own, don't you feel we have any recourse? Thank you.
3 Answers from Attorneys
Re: statute of limitations
I don't think you have a statute of limitations problem so much as a problem of proof. The facts you set forth don't amount to much of a case against the original inspector for negligence or anything else. Places get re-infested after a year or more, and you say the damage is new. Furthermore, termite reports are notoriously full of disclaimers about hidden areas, etc.
Re: statute of limitations
There is a difference between a staute of limitations and warranty which is governed by contract. We would need to review your contract, documentation, new termite report, and estimate for repair. Please contact our office at 714 363 0220 for consultation and review of your documentation.
Re: statute of limitations
The purpose of a termite report is to determine if there is infestation at the time of the inspection. The problem is that new infestation of actual termites can occur the moment the inspector walked out the door. Termites fly in swarms, and find a place to live and go to work. Pest inspectors are generally pretty good at finding things, especially since they stand to make some money when they do!
People do things (especially after moving into a house) like order fire wood and stack it right next to the house. If there are any termites in the firewood, they have just been given a free ticket to Termite Disneyland.
Chances are that they were not there when you moved in, and arrived later. It will be up to you to prove otherwise.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
