[Igottermites]

Hi there,

I have two questions I would like to ask you guys and it involves termites (fun stuff). I bought a house about 4 months ago. The previous owner had previous termite damage on the front portion of the house in the bathroom.... she disclosed this.

She also disclosed that there was a bond on the house that covered termite damage.

During the buying of the house we had it inspected and the inspector suggested getting a second specialist to come in and look at the front of the house because the way it was built he could only do an outside inspection.

I was very worried about termites and told my agent that I definately needed to get the second specialist in there. My real estate agent advised me that it wasn't necessary and if we did get termites that it wouldnt matter because the bond would cover it, so I didnt.

Well three months later the bond contract is put on my mailbox (not mailed but in a folder). I read the contract and it says the termite bond does not cover the entire front of the house.

If I had known that I can guarantee I would not have purchased the house.

Low and behold 1 week after getting that bond contract I notice termites coming from the bathroom which is on the front of the house.

The question is do I have a case against the seller for not disclosing that the bond didn't cover the front of the house. Also wouldn't the real estate agent also be liable because they told me not to get the second opinion and gave me false information that the bond covered the entire house?

Thanks alot

[Mr. Knowitall]

Did you possess or have access to the written documents relating to the bond contract before you closed? What actual representations were made about the bond contract?

[Igottermites]

Hi,

The only mentioning of the bond contract was in the "Seller's Disclosure and Latent Defects Statement". Here is the sentence she checked.

Is your property currently under warranty/bond or other coverage by a licensed pest control company. (she checked yes)

There was another question that asks if it was a treament bond and she said yes to treatment bond. I also noticed that she skipped the question that asked if she had any knowledge of WDO's or termites.

I did not possess the bond contract before closing. She dropped it off on top of my mail box in a folder 4 months after closing.

Also the only person I talked about the bond was with my real estate agent. I was discussing with him that I was really worried about termites and he told me not to worry about it....the bond contract would cover everything.

Thanks for your help or suggestions.

[Mr. Knowitall]

I am skeptical that you have a claim against the former homeowner, despite the failure to check the termite box, because it seems implicit in what she told you that there had been a termite problem which had been treated (thus the bond). She may not have checked "yes" or "no" because she wasn't sure.

One way or another, you were sufficiently concerned to raise the issue with the agent, who was probably more interested in getting a commission than having a delay for testing and possibly losing a sale due to the presence of termites. Your argument against the agent would be stronger if it was a buyer's agent.

The laws of your state, which you chose not to disclose, could also affect your rights. You may wish to seek an evaluation of your possible claims by a local real estate lawyer.