Legal Question in Real Estate Law in Georgia
New Home - Termite Infestation
I bought a new home 2 1/2 years ago. At the 1 year inspection, a piece of wood on the outside of the home was soft. The builder said it WAS affected by termites, but was clear. We had the termite inspector come out and clear it. 1 1/2 years later, that wood and surrounding wood has become soft - it appears possibly termite infested. Is there any law that would protect us within the State of Georgia that would allow us to hold the builder responsible for termite infestation and damage? I was told that The State of Georgia would require the builder to be held responsbile for up to 5 years. Is this true? Can we hold the builder responsible for upcoming costs?
1 Answer from Attorneys
Re: New Home - Termite Infestation
This is always a tough issue. The first question you must ask yourself is how much money is involved. The second question is whether the builder's warranty covers termite damage. Usually it doesn't. The builder will claim his termite company is responsible. The termite company will claim they treated correctly and obviously someone else did something to break the termiticide "seal." In my experience these are expensive cases to try. You should hire an expert to inspect your home. If he says the home was not properly treated to begin with, then you may consider filing a claim. A negligence claim has a 4 year statute of limitation. A contract claim has a 6 year statute of limitation. Also, be aware that by law your expert needs to be someone who is not licensed in Georgia. E.g. you have to go out of state to get your expert. However, this is usually not a problem.
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