I'm selling my California home and got a pest control inspection from an unknown company, who provided a report that was outrageously expensive and included both types of termite eradication - even though I saw no evidence of any termites.

I then had the company that is the most respected in town do a report, and they did not find any evidence of termites - just dry rot work to be done.

The contract says that the report is to be done by a licensed company of my choice, and then says that I will do all Section 1 work.

I believe that I can choose the cheaper (more reliable) company and then I only have to do the Section 1 work included in their report.

But... I'm concerned that the contract could be interpreted to mean that although I got to choose the company, now that I had 2 companies inspect, I must do all the Section 1 work 'discovered' in both reports. I'm worried if I don't do the fumigation and subterranean treatments (even though they are not required in the good report) the Buyer will say I did not do all the work and that the other report 'proves' there are termites.

What are my CA legal responsibilities in this?

Thanks so much in advance.

Hello moon:

First, I know nothing about this, and because it could get sticky (termite spit?), you should have a real estate attorney handle it. In fact, you should have a real estate attorney handling the ENTIRE transaction...

Having said that, there ARE or AREN'T termites - there is no middle ground here. Therefore, in my view, you need a 3rd inspection to verify what is or isn't so. Once you have determined what's so, then you'll know what to do. I can't believe anyone (even in California) would require fumigation when it has been determined by TWO inspections that there is NO infestation.

But, what do I know?

excon

I tend to agree with excon, here, you really should get a 3rd report. Even though its will probably echo the reputable company's report. If the buyer finds out about the first report, you could be in trouble.

Yes - by the wording of the contract - do what is required for the dry rot AND offer the buyer a 1 year re-inspection at your cost - you pay for the inspection and they pay for any work if any is required. You were smart to get another inspection.:D