Legal Question in Real Estate Law in Ohio

Carpenter ants found in a new home

My mother purchased a home without a home inspection being done by her own choice. The day after she moved in, she found carpenter ants throughout the entire house. The seller checked ''no'' for any known wood-destrying insects in the home on the disclosure form. Is the seller responsible for this in anyway?


Asked on 2/09/03, 11:48 pm

3 Answers from Attorneys
David Weilbacher, Esq. Attorney at Law

Re: Carpenter ants found in a new home

Your mother would need to prove that the seller knew or should have known about the ants. If you wish to discuss this matter in greater detail, please call for a free consultation at 216.241.2500.

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Answered on 2/10/03, 4:03 pm
Michael Buschbacher Michael Buschbacher Co. LPA

Re: Carpenter ants found in a new home

The seller is probably liable. The inspection is always a good idea but doesn't necessarily create or negate liability. Have a real estate attorney read the contract, deed and any other papers that may be related to the closing. Good Luck.

Michael Buschbacher

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Answered on 2/10/03, 9:08 am
Joseph Burke Law Office of Joseph T. Burke

Re: Carpenter ants found in a new home

Yes, assuming she can prove fraud i.e., the owner knew or should have know of the presence of the ants. For a free consultation call me at (440) 835-8200.

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Answered on 2/10/03, 10:01 am


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