Legal Question in Real Estate Law in Florida

Re: Termites found after closing

If you had an inspection done prior to the closing, it generally includes a termite report. The question is who was obligated under the contract to perform this inspection. Generally it is the buyers obligation to conduct these inspections. The Seller is generally not obligated to do so. The Seller must disclose to the Buyer all known defects and problems. Perhaps the Seller failed to do so. Check your contract and see where the obligations fall to. Good luck.

Re: Termites found after closing

You need to refer to the contract and the person or entity that represented you in the transaction. If the realtor did anything to fraudulently induce you into closing on the purchase, then you might conceivably have a claim against the realtor, but given the amount in controversy you might simply be throwing away good money after bad.

It appears that you relied on the realtor to coordinate the inspection (including selecting the inspector and the scope of the inspection), and that's generally not a wise thing to do. Typically, realtors want the deal to close and they select home inspectors that will make sure the deal is not compromised by a comprehensive inspection that details any and all problems with the property, which is what a reputable home inspector should strive to do. If it is obvious that the termite condition was present prior to closing, and the seller failed to disclose it, you may have a viable claim against the seller. You will need to take a copy of any and all documents relating to the transaction to a real estate litigation attorney and explain all the facts and circumstances surrounding the deal in order to get any meaningful guidance and advice. Good luck.