Legal Question in Real Estate Law in California

Re: Termite Damage

You can sue both the seller and the termite company if you can prove that the termite problem existed before the sale. You are entitled to damages for the cost to repair the home as though there were no termites.

The seller had an affirmative duty to disclose. Termites are considered a material defect. Based on these facts you should prevail. You probably talking about a lot of money and should consider using an attorney.

Re: Termite Damage

California law places stringent requirements on sellers to disclose known defects. Your contract may require you to go to some form of alternative dispute resolution, such as mediation or arbitration. I would be interested in seeing the evidence you have to prove the sellers knew of the termite problem. That evidence might also help establish whether the termite inspector was negligent in failing to catch the problem. If you are in Northern California, please let me know if you would like me to help. If you are somewhere else, let me know and I will see if I can give you a referral.