I bought a house 2 and a half months ago and we were told at the time of closing that there were no signs of termites. We just found out the we have a huge problem and there are termites there and they are living in the house. There is over a years worth of damage. What rights do I have to get this fixed? What is the right to resend?

The right to rescind is not applicable. It is federal law that allows for a 3 day cooling off period when entering into a credit contract. You have 3 days from when you sign to rescind the contract.

Who told you there were no termites? Didn't you have a home inspection done? If you can prove that the sellers and/or real estate broker knew the termite problem existed and lied to you about it, you can sue them for the cost of repairing the damages.

If you did not have a home inspection and termite inspection done before closing, you were poorly advised and/or very foolish.

In most places a termite inspection is required unless you sign that you will not require one. If you have proof they told you there was no termites, you may be able to sue them for damages.

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Originally Posted by ScottGem

The right to rescind is not applicable. It is federal law that allows for a 3 day cooling off period when entering into a credit contract. You have 3 days from when you sign to rescind the contract.

Who told you there were no termites? Didn't you have a home inspection done? If you can prove that the sellers and/or real estate broker knew the termite problem existed and lied to you about it, you can sue them for the cost of repairing the damages.

If you did not have a home inspection and termite inspection done before closing, you were poorly advised and/or very foolish.

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We did have a pest inspection and a home inspection done and it came back as no treatment needed! It then came back 2 days ago as we need $1100 worth of treatment! The same company did the inspection both times.

Then you have a case against the company that did the inspection. Check the inspection contract, such an inspection should be a guarantee and they should do the work for nothing.

What of the damage to my home? Should we talk to a lawyer for assistance?

Termites can infest and cause significant structural damage in a very short period, even as short a time as a week. Termite companies successfully defend negligent inspection suits against them all the time, but that should NOT discourage you from suing them. State law may be favorable. For example, in Georgia, if termites are found within 90 days of the inspection, the inspector is required to treat the home and may be required to make repairs. However, in most states, there is no such protection, and to find the inspector liable, the termites must be found in areas that were visually inspected by the company and/or there must be evidence of fraud. It's hard to prove, but it's worth it to try.

Was there a termite bond? If so, please check the terms of the termite bond. It may cover costs of repair if the damage occurs two months later. More than likely there was no termite bond. Most lenders do not require them.

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Originally Posted by clueless in ia

We did have a pest inspection and a home inspection done and it came back as no treatment needed!! It then came back 2 days ago as we need $1100 worth of treatment!! The same company did the inspection both times.

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What is the company saying?? Did you flat out ask them, "how did you miss this the first time? What are you going to do about it?" That's the first place to start.

Did you use a realtor to represent you in buying the house? Call them. Part of their job is service after the sale. They may have more pull than you if they use the same companies for all of the inspections. Those companies don't want a bad rep with local realtors.

Karla (used to live in Iowa)

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Originally Posted by clueless in ia

There is over a years worth of damage

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Where did you get this information?

We have contacted our Realitor and the home inspection people already and they are looking into the previous reports. The frist inspection papers we have and the inspection that was done 3 days ago were clearly noted. We have had 2 other pest inspectors in the home within the last day or so and they both agreeed that we have had this problem for longer than 2 months! We are looking at having to replace all our hard wood floors and the basement ceiling joists!! I don't know how this was missed per the basement in my home doesn't have ceiling covers.. I am no pest inspector!

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Originally Posted by clueless in ia

We have contacted our Realitor and the home inspection people already and they are looking into the previous reports. The frist inspection papers we have and the inspection that was done 3 days ago were clearly noted. We have had 2 other pest inspectors in the home within the last day or so and they both agreeed that we have had this problem for longer than 2 months!! We are looking at having to replace all our hard wood floors and the basement ceiling joists!!! I dont know how this was missed per the basement in my home doesnt have ceiling covers.. I am no pest inspector!!

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Your case is looking better and better. You now have witnesses who can back you up. You may have a claim against the previous homeowners too if you can show that they had some knowledge of the termites or otherwise should have had some knowledge. Rescission is not an option, but money damages certainly are.

Good luck.

Like I said, you seem to have a good case against the previous inspector. If the other two inspectors are willing to testify that the damage should have been noted 2 months ago, then the original inspector should be held liable for the repairs.

Go back to the original inspector with an estimate from a builder for the cost of repairs. Ask them if they are going to make good on it. If they refuse, tell them you will see them in court and file suit against them and the homeowner and their broker.