Legal Question in Real Estate Law in West Virginia

morage contract

when i bought my home the contract stated no major struture damage or termites since i.ve lived here termite have swormed 4 times there is some visible damage but is minible i would like to know if this contract should be void


Asked on 8/30/99, 12:10 pm

1 Answer from Attorneys

Hugh Wood Wood & Meredith

Re: morage contract

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While I hold a law license in WV I do not recall the resolution of this matter under WV law. In Georgia, your contract would not be void. In Georgia (assuming you do not have a claim against the seller for actual fraud) you may require the termite company to come to your home (per their Bond) and provide your home with a $1,500 termite treatment for free. Check with a local WV lawyer to see if you can force the seller or the termite company (the company that provided the Wood Infestation report at closing) to eradicate the termites at no cost to you. Also, go and read the seller's disclosure that you received at Closing to see if the seller's stated he did or did not know about the termites at closing. Good luck.

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Answered on 8/30/99, 10:28 pm


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