Legal Question in Real Estate Law in Florida

Problem after closing

I recently bought a 3/2 house. day after the close we found termites throughout the master bathroom, my wife EASILY made the discovery. the company that did the inspection before the close claims they are not liable, my real estate broker feels that I must now pay for this entirely (replace most of the bathroom and get pest company to do the ground poisoning also). the sellers broker apologized and offered $200 towards the cost of the treatment, which has not materialized. what are my choices ?


Asked on 11/26/99, 1:12 pm

2 Answers from Attorneys

Randall Reder Randall O. Reder, P.A.

Re: Problem after closing

The way you phrased the question implies the termite

inspectors were negligent in performing the inspection.

You can sue them. However, the simple fact you discovered

termites is not conclusive that the inspectors were

negligent. It would therefore be advisable to find

another professional who will be willing to testify in

court that the termite inspector was negligent. If

the damages are less than $5,000 you can proceed in

small claims court. If more than that, I strongly recommnend

you hire counsel.

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Answered on 11/30/99, 12:48 pm
William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

Termites found day after closing

Facts: recently bought a 3/2 house. day after the closing we found termites. company that did the inspection before the closing claims they are not liable.

Q. what are my choices ?

A. Mr.Randall Reder has correctly identified one of your choices: to go after the termite co. who you paid to inspect this home and on whose opinion you relied in buying and closing. You might also check to see the extent of damage and whether or not the sellers knew of the termite damage. If they did and didn't tell you, then you can sue them and get attorney's fees too. Find out if they had a termite co. that did their home for them and what that company might say the house needed. Ck. to see if the seller's broker knew about the termites or said anything about termites. Any comments from your broker about termites? Write down everything you and your wife can remember and get an appointment with a lawyer thru Lawyers' Referral. It should only cost you approx. $25.00 for a 1/2 hour conference and it would be well worth it.

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Answered on 11/30/99, 1:42 pm


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