Legal Question in Real Estate Law in Indiana

Breach of contract?

I recently bought a house in 01/06. At the time of the sale the owner had never lived in the house. Before the closing I had the house inspected. The inspector stated that there was possibly an insect infestation in the back three seasons room. In the condition to buy I stated that, ''seller to have house inspected and treat any insect infestation''. The seller contracted with a pest inspector who stated that it was only a carpenter ant infestation and would treat it. I then bought the house.

On 08/06 I was in the process of renovating my three seasons room when I discovered that it was currently infested with termites (due to the extent of the damage they had been there for years.) The previous owner refused to pay for the extermination $1,700 and the pest inspector stated he does not treat for termites. Can I sue for breach of contract and get the cost of the treatment back?

Also, what court cases are there that would back my claim?


Asked on 9/29/06, 11:32 pm

1 Answer from Attorneys

Re: Breach of contract?

Without reading the entire contract, including the one with the pest inspector, no one can know whether there are any waivers or limits to liability. If there aren't, then you may have a cause of action. The Indiana Judiciary site has case law that you can find.

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Answered on 9/30/06, 9:18 am


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