Legal Question in Real Estate Law in Maryland

Re: Termites

You can hold the termite company responsible if you can prove that they had the ability to discover the presence of current activity at the time they did their pre-settlement inspection last year. From the facts you provided, it would seem that they should have been able to do so, although you would have to get another termite expert to inspect the premises and be willing to support you on this issue.

You may also have a claim against the sellers of the property if you can show their awareness of ongoing termite problems at that time. This will be hard to prove, however, and the fact that you had the inspection may protect them. If they had regular termite treatment not long before they sold you the property, there may be records on this.

You should check your papers from the termite company to see if they attempt to limit their responsibility for damage caused by active infestation not discovered by them. In any event, you will undoubtedly need legal representation if you decide to proceed against them.

For further discussion or a consultation, you can contact me at 301 986-4555 or e-mail me.