Legal Question in Real Estate Law in Maryland

Re: Seller liability for faulty inspection

Most real estate sales contracts, including the pre-printed ones supplied by real estate brokers that most people use, provide that the seller is responsible for termite damage. This includes both the cost of treating the infestation and the cost of repairing any damage caused by the termites. If your contract contained such a clause, the sellers can be held liable, assuming you can establish that the termites and the damage were present at the time of transfer.

The termite inspector can also be held liable if it can be shown that he should have discovered the infestation had he done the job properly. You should get a report from your current inspector that spells out where the termites were discovered and explains his basis for concluding that the infestation pre-dates your occupancy of the premises. Then send it to the inspector and the sellers. A one-year guarantee usually comes with the original inspection, so if you are within that time period, they should readily accept responsibility. If you need further assistance with the problem, you can contact me at [email protected].