Legal Question in Real Estate Law in California
termites please answes
A termite company set up a monitoring program to check for subterranean termites in my rental home. They were supposed to check them on a quarterly basis. I never got any reports back from them, only a bill. I got suspicious after a few months that they weren�t checking the stations. I went to look at the termite stations and found signs that they weren�t being checked. I asked my tenant if he had ever seen the termite guy and he stated not that often, but when he did he only saw him in the front of the house. I�ve been under contract now with this termite company for about 2 � years. Last week I called the manager and told him the problem. He admitted that the employee that was servicing my home was let go because he was not checking many homes on his route. They came out to the house and checked the stations and found that half of them were missing , and many of the remaining ones were not checked recently. I wasn�t there but my tenant watched them inspect the stations and they admitted fault to my tenant. They said they found no sign of termites, but would like to crawl under the house to look for signs of termites.
Question: If termite damage is found are they liable? Do I have a strong case? How should I proceed?
Thanks
1 Answer from Attorneys
Re: termites please answes
Assuming that there is termite damage you would have to prove what portion of the damage was the result of the failure of the pest control company to property inspect. You however, have a good case against them for breach of contract, failing to inspect.