LIVID! Termite issue that seller knew about - vent and questions (long)

When buying a house last October, I had an official termite inspection done when I had my home inspection. I liked my home inspector a lot, but now I wish I used an exterminator for the termite inspection. He asked the home owner if they ever had any issues with termites. She said no, in a very sincere way. Of course, I know not to trust anything anyone says, and I think my engineer did too, I think he just wanted to gauge her reaction. She didn't bat an eye when she said no. He did his inspection and found evidence of old termite infestation, but no major or current damage. The homeowner seemed very surprised that there was any termite issue at all. But since the damage seemed old and there was no evidence of termites, the inspector thought all was ok. We bought the house in January, moved in February.

Well, we found some termites and I called an exterminating company. As it turns out, in 2009, the previous homeowners hired the same exterminators for.......TERMITES! Also, they canceled their contract with the company at the same time they put their house up for sale.

Anyway, the lawyer says I have no recourse against them or the inspector. Just wondering if anyone has any experience with this type of situation and if there is anything that can be done.

Also, does anyone have any advice about what treatments to use to get rid of the termites, how long, etc. I HATE the idea of using chemicals in the ground outside of our house, but I am not sure if there is an alternative.

Re: LIVID! Termite issue that seller knew about - vent and questions (long)

Re: LIVID! Termite issue that seller knew about - vent and questions (long)

First, sorry that you are dealing with this!

Unfortunately, I agree with your lawyer that you don't have any recourse against the home inspector or seller. Any inspector who is doing a termite inspection is looking for ACTIVE infestation. Often they will point out evidence of old termite damage -- because virtually every house (unless it's new construction) has some termite damage -- and they recommend having a termite treatment company to come in and maybe getting a service contract (as preventative measures). It sounds like the current infestation wasn't there when your inspector did his inspection (termites often are discovered in spring), and he can't be held liable for anything the seller said or didn't say. That's out of his control.

As far as the seller -- sellers aren't obligated to voluntarily disclose information about things like past problems with termites, BUT they are not supposed to lie or mislead you when directly asked about an issue. It sounds like the seller did make a misleading statement, but that can be hard to prove, especially since it was an offhand verbal comment. (She can claim she thought he was asking about current problems, etc.)

And the main question is, even if she did make a misleading statement, did it cause you to incur damages? Again, it sounds like the current termite issue occurred AFTER you bought the house. So the current problem is not really attributable to what the seller said or didn't say about previous problems. Unless you can show that you would not have bought the house at all because a couple of years ago there was a termite issue that was addressed (and did not recur because of the service contract), then you don't really have a case. Even though the seller was definitely in the wrong to hide this!

And if you did have a case -- take it from me (a former litigator) -- litigation can be long and ugly and very costly (more expensive and aggravating than just addressing the problem).

As far as the chemicals, I know a lot of people get those plastic termite baits put outside (instead of using liquid chemicals), but not sure when the use of one or the other is appropriate (if they are interchangeable treatments). I would talk to a few companies and see what they recommend.

Re: LIVID! Termite issue that seller knew about - vent and questions (long)

Wow I can't believe that! People are terrible

our inspector found old evidence of termite treatment but no evidence of termite damage. He said this chemical they used years ago is so potent that its banned now its a good chance they won't come back.He suggested we put a monitoring system but they were kind of expensive so we are going to wait to we see something.

Stinks that this happens

Re: LIVID! Termite issue that seller knew about - vent and questions (long)

Re: LIVID! Termite issue that seller knew about - vent and questions (long)

I can't believe you have no recourse when she lied. However, it was a verbal lie, not a written lie so it would have to be proven.

When it comes to termites, you have no other choice but I don't believe it's a poision spread all around, it's contained like a bait trap so I would be less concerned.

Message edited 4/28/2011 5:25:57 PM.

Re: LIVID! Termite issue that seller knew about - vent and questions (long)

I'm really sorry the seller lied. That is terrible. But I have to ask if it would have made a difference if she had told the truth.

If your inspector found no evidence of an active termite infestation, chances are there was no termite infestation at the time. The seller had an issue, had a company come out to treat it, and the issue was resolved. If I were the buyer and the seller were honest about that, I'd still buy the house.

I would venture to say that MOST houses have had termite issues in the past. That is no indication of a present issue with termites, nor is it an indication of a future issue.

So, even though she did lie, I don't think it really caused you to suffer any damages.

Re: LIVID! Termite issue that seller knew about - vent and questions (long)

you can have the chemicals pumped, or you can pay extra and get the termite system - sentricon or advanced put in. they are like canisters that have bait, the termites will go to that instead of the house. They monitor them every 3 or 4 months and if they see them active will switch over to a different treatment bait. - Based on it being a continous problem and for more piece of mind your better getting the system installed- we are now and its $1,700 for us(measured based on linear feet) then $350 after the first year for annual maintenence.

Re: LIVID! Termite issue that seller knew about - vent and questions (long)

Thanks everyone. I guess I am also upset that I let some things go when buying the house, giving the seller the benefit of the doubt. And now I found out that she was an experienced liar. Her shock about having termite damage seemed so genuine!!! I am sure now she lied about other things too.

I am not interested in any nasty litigation. Would things have been different if I knew about this? Maybe, maybe not. But I will put some of the bait traps in the ground and hopefully the problem will be solved. Sigh, there goes another $1600+.

Thanks again for the responses.

Re: LIVID! Termite issue that seller knew about - vent and questions (long)

When we had our inspection done the inspector found termites. He said it looked like they had just started the funnel and showed us how it didn't look like it had got into the timber or anything yet.
He also asked to seller if they ever had a problem before and she said no. Like you we believed her. She is an 82 yo woman so nice and honest with everything. She has all warranties all inspection reports etc for over the last 59 year (very organized). She was told she needed to have it treated for termites as soon as possible and we have it in our contract that it must be gauranteed Termite free for a year (or she is responsible to pay this). Like the op said we knew but still wanted the house just put in a provision to cover ourselves.

Re: LIVID! Termite issue that seller knew about - vent and questions (long)

I was talking to my dad about this. He owns an exterminating company. He says that termites are treatable with routine and regular service but they never go away.