- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Winter Olympics
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
re: Legal Board: Unreported termite damage
Posted on 8/14/20 at 12:23 pm to lsupride87
Posted on 8/14/20 at 12:23 pm to lsupride87
You can do both..
0
Posted on 8/14/20 at 12:26 pm to Duckhammer_77
quote:
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.
So if you saw termites swarming or termite trails you would simply state that you aren’t an expert?
Posted on 8/14/20 at 12:30 pm to LSUFanHouston
have someone come in and burn it down when she can create an alibi.
Start the fire on an electrical socket using no starter fluids or etc. And leave the windows open.
Start the fire on an electrical socket using no starter fluids or etc. And leave the windows open.
Posted on 8/14/20 at 12:32 pm to LSUFanHouston
I assume the house did not have an termite contract in place?
Pretty sure there is a check box asking if it is under a termite contract and if you check Yes, you have to provide proof (the Pest Control company provides a certificate and you have to provide that to the buyers). We had to do this for the last couple of houses I sold.
After my Dad passed, we sold his home and I provided the paperwork from Terminix. The inspector came in and found some damage. Terminix was on the hook to fix it because he was under contract with them.
Pretty sure there is a check box asking if it is under a termite contract and if you check Yes, you have to provide proof (the Pest Control company provides a certificate and you have to provide that to the buyers). We had to do this for the last couple of houses I sold.
After my Dad passed, we sold his home and I provided the paperwork from Terminix. The inspector came in and found some damage. Terminix was on the hook to fix it because he was under contract with them.
Posted on 8/14/20 at 12:33 pm to LSUFanHouston
The claim would be one for redhibition which was almost certainly waived in the contract.
Posted on 8/14/20 at 12:34 pm to Spankum
people shite themselves when they hear termite damage but the reality is it's common and usually not a big deal at all
Posted on 8/14/20 at 12:40 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.
FYI home inspectors are mostly worthless as they have a lot of clauses releaseing them from liability.
I was actually sued over termite damage on a flip once. I will post more later when I'm not on my phone so I can go into detail to help you out. I won my case but still know how to help you.
Posted on 8/14/20 at 12:41 pm to ThuperThumpin
quote:
quote:
termite inspection is a requirement for the loan
True for VA and FHA loans and the inspection cannot be more than 30 days old. Most RE agents will have the seller hold off getting the inspection done until they feel confident the sell will go thru. Seller gets inspection, something drags out the closing, goes past 30 days.... $$$ wasted on inspection.
Posted on 8/14/20 at 12:42 pm to Jebadeb
quote:
The claim would be one for redhibition which was almost certainly waived in the contract.
It really won't matter if the seller didn't disclose it on the property condition forms. Those are required in LA even on as is.
Posted on 8/14/20 at 12:45 pm to lsupride87
quote:
If it was full cash who required the inspection?
I don't remember. The title company or closing attorney maybe? It wasn't the buyer, I know that. There was no home inspection, just a termite one. I think it might be an Alabama law to prevent instances like OP, but I could be wrong.
Posted on 8/14/20 at 12:46 pm to AbitaFan08
quote:
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.
The seller is required to provide the property condition report which specifically ask about termites. Even FSBO are supposed to use the forms.
Posted on 8/14/20 at 12:46 pm to Crow Pie
Title insurance would not cover termite damage.
ETA: Who down votes this?? Please prove me wrong with the exact language from the policy jacket that covers termite damage. frickin' retard.
ETA: Who down votes this?? Please prove me wrong with the exact language from the policy jacket that covers termite damage. frickin' retard.
This post was edited on 8/14/20 at 12:54 pm
Posted on 8/14/20 at 12:47 pm to LSUFanHouston
I believe in Georgia you have to obtain a termite inspection for each residential property sold if there is financing involved, but this seems like a caveat emptor situation.
Posted on 8/14/20 at 12:49 pm to LSUFanHouston
(no message)
This post was edited on 8/14/20 at 12:50 pm
Posted on 8/14/20 at 1:12 pm to Perrydawg
A termite bond is required in South Carolina on the sale of residential real property.
Posted on 8/14/20 at 1:24 pm to Gamecock1990
(no message)
This post was edited on 8/13/24 at 9:29 am
Posted on 8/14/20 at 1:36 pm to Captain Want
Man, so many people have no idea what they are talking about here. Termite guys are almost as worthless as home inspectors. Termites live usually between the sheet rock where they are invisible until they swarm. Occasionally they will create exterior tubs outside of your home, but that’s not super common.
Long story short even with a termite ‘inspection’ that’s no guarantee there’s no termites and I don’t a termite inspection would guarantee that.
Long story short even with a termite ‘inspection’ that’s no guarantee there’s no termites and I don’t a termite inspection would guarantee that.
Posted on 8/14/20 at 1:41 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.
Might depend on the area, but I thought the same
Posted on 8/14/20 at 1:48 pm to The Spleen
quote:You would be wrong.
I think it might be an Alabama law to prevent instances like OP, but I could be wrong.
Alabama is a “let the buyer beware” state.
If it isn’t a new construction, I automatically check off requesting a WIR as part of the contract.
I’ve had more than one deal fall through because of them, but I have yet to get a buyer calling me to complain about that after a sale has gone through.
Posted on 8/14/20 at 1:49 pm to LSUFanHouston
Lesson one: Never buy a home that doesn't have an active termite contract without paying for a termite inspection!
Page 3 of 4
Popular
Back to top
Follow TigerDroppings for LSU Football News