Legal Question in Real Estate Law in Nevada
Failure to Inform new owner of termite trouble in home
The previous owner of a home sold for $255,000.00, failed to inform the new owner that there were problems with an existing termite problem. A pest control company came to investigate and determined there were no termites and passed the inspection. Other homes in the neighborhood were also infested with termites and informed the new owners that the previous owners were aware of such a problem. Apparently the real estate agents were also aware of the problem prior to the sale of the home and neglected to inform the buyers. Who gets sued?
2 Answers from Attorneys
Re: Failure to Inform new owner of termite trouble in home
The seller is likely liable for violation of NRS 113 disclosure requirements-- this statute allows for the recovery of attorneys fees and treble damages. The inspector and possibly the realtor are likely negligent also, and are likely to have insurance to cover their liability. In addition to filing a lawsuit, you might want to contact the NV Dept. of Ag.who license pest inspectors, as they also can be very helpful in proving your claim.
Re: Failure to Inform new owner of termite trouble in home
Probably all, including termite inspector.
Joel Selik
Attorney/Broker
www.SelikLaw.com
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