Legal Question in Real Estate Law in Massachusetts

Termites

Are seller's required to disclose a known termit infestation or prior treatment to the home? I just purchased a single family home in December, 2003. I had a home inspection but not the optional pest inspection. Neither we or the home inspector saw the home remedy termit poison baits around the perimeter of the home. We just noticed active termites in the home and when we went hunting around the property for others we noticed small bait tubes in the soil near the foundation. We will now have to pay approx. 2500 for treatment. Any suggestions?


Asked on 3/31/04, 5:01 pm

1 Answer from Attorneys

Re: Termites

First is get a second quote on the treatment as to its cost. Some national firms charge large fees for things that cost only a few hundred dollars instead of a couple of thousand. Unless you have major structural damage that has to be corrected getting rid of termites should not be that expensive unless you truly have a terrible problem.

Second, look at the disclosure form that the sellers gave you. See what it says with respect to such items.

As a general rule, Seller's and the listing broker are required to disclose existing problems that are material, those that if known might change the Buyer's offer or if known the Buyer might not go ahead with the purchase. However, if you have signed a standard P&S it will say you are not relying on their representations, which will be their defense.

You did have a standard inspection and he saw nothing to indicate a problem, because the Seller's were treating the problem. If you had known the problem existed, you would have requested a specialized inspection. I would call the Broker and complain for beginners,he or she might try to talk the Sellers into making a contribution. Given the amount involved your best bet is small claims. Your chances of success will depend upon what their disclosure statement says and does not say. It will also depend upon what you can prove or show.

Read more
Answered on 4/01/04, 3:38 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Massachusetts