Legal Question in Real Estate Law in Illinois
Termite Problem
Can you go back on our realtor for selling us a house that had termites already existing. We were not told to get an inspection we lived here for 2 years and had it inspected and it has had termites for over 10 years. Are we able to do anything about this problem?
2 Answers from Attorneys
Re: Termite Problem
How did you get a loan without a termite inspection or title insurance? That goes along with led paint and radon.
Either the realtor or the person who was working with you on the closing was responsible for making sure that the correct inspections were done.
Re: Termite Problem
I don't know if there's an absolute obligation for the realtor to suggest an inspection, but it's always a good idea (both to suggest it and to actually do it). Certainly if the agent knew about it and didn't disclose it, they'd be liable for concealing that info.
How about considering going after the sellers? They're the ones in a better position to know and (presumably) they didn't disclose it. It's probably too late to proceed on the disclosure form, but the statute of limitations for a written contract hasn't expired yet.
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