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re: Legal Board: Unreported termite damage
Posted on 8/14/20 at 12:02 pm to YOURADHERE
Posted on 8/14/20 at 12:02 pm to YOURADHERE
quote:
We're in the process of buying our first home now and I was under the impression a termite inspection is a requirement for the loan, atleast for mine it is.
Wasn't for mine, and we did not get one done. Financed 90% of the purchase price.
My mortgage company doesn't even require I have a termite contract, which is weird. I only know because I forgot to get one for the first 3 years, and only realized when I sold my rental property and stopped getting billed by Terminix
1
Posted on 8/14/20 at 12:02 pm to LSUFanHouston
quote:
They had a home inspection done, but apparently not a termite inspection, and she said the home inspection report clearly states that they did not inspect for termites and are not responsible for discovering termite damage.
This is irrelevant. Termite inspections are just visual and don't cover hidden damages behind walls etc., so even if they had an inspection, they may not have identified termites.
If the homeowner declared that he or she had no knowledge of any termite damage, and if your staff member can get an expert to say based on the type of damage identified, the homeowner had to know or should have known, then she has a shot.
Lots of attorneys out there who take these kinds of cases.
Posted on 8/14/20 at 12:04 pm to LSUFanHouston
I lived in a house for 18 years that had some old damage, it wasn't worth fixing although I eventually did when I put it up for sale.
People tend to freak out over fairly minor things... I blame it on watching too much HGTV.
People tend to freak out over fairly minor things... I blame it on watching too much HGTV.
Posted on 8/14/20 at 12:04 pm to Spankum
It is entirely possible that the previous owners did not know the damage existed. I had a house that flooded in 2016, when we gutted it we found a lot of spots with pretty extensive termite damage. The previous owner had the house under a termite contract, and we did too.
If the house would not have flooded, we would have never known that damage existed, nor do I believe the person we bought from knew bc the drywall was original to the house.
Just about every house in the south will have some degree of termite damage, especially if they are older pre 90s houses.
If the house would not have flooded, we would have never known that damage existed, nor do I believe the person we bought from knew bc the drywall was original to the house.
Just about every house in the south will have some degree of termite damage, especially if they are older pre 90s houses.
Posted on 8/14/20 at 12:05 pm to LSUFanHouston
I’ve worked on plenty of remodels where you couldn’t tell there were termites till the sheetrock came off.
Posted on 8/14/20 at 12:05 pm to jchamil
quote:I think yall are confused
They definitely knew
The INSPECTOR is the one that said they are not responsible for discovering termite damage. Which is what every home inspector says
Thats why you have to specifically get it looked at for termite damage from someone else
Posted on 8/14/20 at 12:06 pm to LSUFanHouston
Was this FSBO or through an agent?
The property disclosure has a section on "TERMITES, WOOD-DESTROYING INSECTS AND ORGANISMS". But the choices are "yes" or "Not Known". The buyer would need to prove the seller knew.
Also, there is a standard form where the seller should provide a "WOOD-DESTROYING INSECTS INSPECTION REPORT". I've had to do this every time I've sold something.
The property disclosure has a section on "TERMITES, WOOD-DESTROYING INSECTS AND ORGANISMS". But the choices are "yes" or "Not Known". The buyer would need to prove the seller knew.
Also, there is a standard form where the seller should provide a "WOOD-DESTROYING INSECTS INSPECTION REPORT". I've had to do this every time I've sold something.
Posted on 8/14/20 at 12:06 pm to lsupride87
If the damage was behind the sheetrock, I would think the homeowners had no clue. How would they really?
Posted on 8/14/20 at 12:07 pm to LSUFanHouston
Get a real estate attorney...depending on the state, it may be construed as a latent defect...
Posted on 8/14/20 at 12:07 pm to lsupride87
You can clearly tell who never owned a home or ever got an inspection.
Posted on 8/14/20 at 12:08 pm to SalE
quote:First I would tell her not to freak out and relax
Get a real estate attorney..
There is a good chance the damage is minor and not a big deal.
Posted on 8/14/20 at 12:09 pm to LSUFanHouston
quote:
She purchased a house for the first time,
quote:Bet she gets one on her second home.
They had a home inspection done, but apparently not a termite inspection,
Posted on 8/14/20 at 12:09 pm to LSUFanHouston
Unless you can prove that the sellers not only knew about the termite damage, but concealed it from the buyers, she’s fricked.
Even if they knew about it, they were not required to disclose that information unless they were asked about it. Which clearly they weren’t. So you have to prove they intentionally hid the damage.
Even if they knew about it, they were not required to disclose that information unless they were asked about it. Which clearly they weren’t. So you have to prove they intentionally hid the damage.
This post was edited on 8/14/20 at 12:11 pm
Posted on 8/14/20 at 12:11 pm to LSUFanHouston
Fact seems fishy. How did she close without a termite inspection being done? Unless this was a purely private party to private party transaction with no realtors or lenders involved, then there is no chance a termite inspection wasn't done.
This post was edited on 8/14/20 at 12:13 pm
Posted on 8/14/20 at 12:12 pm to AbitaFan08
quote:Pretty sure its a direct question on the disclosures list
unless they were asked about it
But the answer choice is "Yes" or "not known"
Because nobody can be asked to definitively say they dont have termites
Posted on 8/14/20 at 12:16 pm to Weekend Warrior79
I work for a mortgage company and only loan that requires is VA. A good agent will require one on the purchase contract.
Posted on 8/14/20 at 12:18 pm to LSUFanHouston
Doesn't Sheetrock have markings telling when it was manufactured? That might help. Also does the damage look like it's been cleaned up any? Is the back of the Sheetrock clean or marked up from the termites?
Posted on 8/14/20 at 12:19 pm to lsupride87
In conjunction with this thread- I always got title insurance on my homes (and never knew why) and never used it until a old lien form a divorce settlement was found after I got a contract/sold a house. The title insurance company missed the lien when I purchased the house and therefore had to cough up $13K to release the lien to close the sale.
Posted on 8/14/20 at 12:21 pm to Crow Pie
I would say she has a case.
Hell my father in law sold a house where there was Termite Damage. He disclosed there was Termite Damage before the sale. BOTH realtors acknowledged that he had disclosed Termite Damage before the sale and he STILL was sued and lost and was held responsible for Termite Damage.
Hell my father in law sold a house where there was Termite Damage. He disclosed there was Termite Damage before the sale. BOTH realtors acknowledged that he had disclosed Termite Damage before the sale and he STILL was sued and lost and was held responsible for Termite Damage.
This post was edited on 8/14/20 at 12:22 pm
Posted on 8/14/20 at 12:23 pm to LSUFanHouston
I'm an architect and contractor and I have bought/sold/flipped several older properties in my life. Here's my hot take:
As a seller, I'm not an entomologist or a licensed WDO inspector. I dont know what WDO damage looks like. And I say that on the disclosure form.
As a buyer, I know damned well what WDO looks like and absofrickinglutely get a WDO inspection and make the seller fix that shite or the deals off.
She was naive or followed bad advice. She would have to prove the seller knew what WDO damage looked like, was aware of it, and purposely lied on the disclosure.
As a seller, I'm not an entomologist or a licensed WDO inspector. I dont know what WDO damage looks like. And I say that on the disclosure form.
As a buyer, I know damned well what WDO looks like and absofrickinglutely get a WDO inspection and make the seller fix that shite or the deals off.
She was naive or followed bad advice. She would have to prove the seller knew what WDO damage looked like, was aware of it, and purposely lied on the disclosure.
This post was edited on 8/14/20 at 12:23 pm
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