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Started By
Message
Legal Board: Unreported termite damage
Posted on 8/14/20 at 11:51 am
Posted on 8/14/20 at 11:51 am
Lawyers/contractors of the OT, I think I know the answer here, but interested in your opinions.
One of my young staff members came to me this morning in tears. She purchased a house for the first time, and closed last Friday, after the seller pushed back closing several times. The seller had difficulty (if you want to call it that) actually moving out, and did not vacate the house until this past Wed night. The seller paid a daily cash rental fee from Friday to Wed.
Last night, her and her boyfriend start ripping out the sheetrock from the inside of an exterior wall, and notice "significant' termite damage. The sheetrock itself had been recently painted, they believe. They believe the seller knew damn well there was damage, did not treat it, and did not disclose it.
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.
Obviously, she should have had a termite-specific inspection done, especially considering this is an older house. She's young and I guess got bad advice.
No pics, and other than PIIHB, is there any advice I can give her, or is she just out of luck?
One of my young staff members came to me this morning in tears. She purchased a house for the first time, and closed last Friday, after the seller pushed back closing several times. The seller had difficulty (if you want to call it that) actually moving out, and did not vacate the house until this past Wed night. The seller paid a daily cash rental fee from Friday to Wed.
Last night, her and her boyfriend start ripping out the sheetrock from the inside of an exterior wall, and notice "significant' termite damage. The sheetrock itself had been recently painted, they believe. They believe the seller knew damn well there was damage, did not treat it, and did not disclose it.
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.
Obviously, she should have had a termite-specific inspection done, especially considering this is an older house. She's young and I guess got bad advice.
No pics, and other than PIIHB, is there any advice I can give her, or is she just out of luck?
31
Posted on 8/14/20 at 11:51 am to LSUFanHouston
In Ebonics....you be fricked
Posted on 8/14/20 at 11:52 am to LSUFanHouston
PIIHV?
Posted on 8/14/20 at 11:53 am to LSUFanHouston
If the seller knew of the damage and tried to cover it up, then she may have an action him but she would have to prove that he knew of the damage.
There’s a case where a seller had candles/aromas burning every time a buyer would come look at the house and the buyer specifically asked for the seller not to have them burning when they went the last time but he did and the buyer went through with the sell and come to find out there were dead rats/feces throughout the walls and attic and the buyer won in action against the seller. Rough outline of the case don’t remember much from it though
There’s a case where a seller had candles/aromas burning every time a buyer would come look at the house and the buyer specifically asked for the seller not to have them burning when they went the last time but he did and the buyer went through with the sell and come to find out there were dead rats/feces throughout the walls and attic and the buyer won in action against the seller. Rough outline of the case don’t remember much from it though
This post was edited on 8/14/20 at 11:56 am
Posted on 8/14/20 at 11:53 am to TechDawg2007
Agreed. The statement denying responsibility would have been a huge red flag for me
Posted on 8/14/20 at 11:54 am to LSUFanHouston
First thing I’d do is have a termite inspection done to see if in fact that’s what it is & how bad
Posted on 8/14/20 at 11:54 am to LSUFanHouston
quote:
They had a home inspection done, but apparently not a termite inspection
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.
Posted on 8/14/20 at 11:54 am to LSUFanHouston
Depends entirely on being able to prove the seller knew about damage.
Posted on 8/14/20 at 11:55 am to LSUFanHouston
Louisiana Civil Code Article 2520, et seq.
She needs to get an attorney ASAP before they fix it all and the future defendant can claim they didn’t know about it and didn’t have an opportunity to inspect.
This isn’t legal advice and in no way constitutes an attorney client relationship with anyone.
She needs to get an attorney ASAP before they fix it all and the future defendant can claim they didn’t know about it and didn’t have an opportunity to inspect.
This isn’t legal advice and in no way constitutes an attorney client relationship with anyone.
Posted on 8/14/20 at 11:56 am 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.
Probably depends on the location and the bank. If in southeast LA, you would be crazy to not do a termite inspection prior to buying.
Posted on 8/14/20 at 11:56 am to YOURADHERE
quote:
termite inspection is a requirement for the loan
That does seem unusual. Did she pay cash?
This post was edited on 8/14/20 at 11:57 am
Posted on 8/14/20 at 11:56 am to Beessnax
quote:
The statement denying responsibility would have been a huge red flag for
SOP for home inspections.
Posted on 8/14/20 at 11:56 am 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.
Yeah, every home purchase I've been party to has required a termite inspection, even one full cash sale.
Posted on 8/14/20 at 11:58 am to LSUFanHouston
Well, what is “significant” damage? Unless it is something major, it might not be worth ducking with it.
Posted on 8/14/20 at 11:58 am to LSUFanHouston
As others have said, she has to prove the seller knew. A fresh coat of paint isn't proof, as people often repaint before putting their house on the market. She would have to be able to prove it was a new sheetrock job, they had termite repairs done (doesn't appear that way), or there is some sort of insurance claim.
Any pics of the damage to see how significant? Is it a few studs, an entire wall/room, all over? As bad as it seams now, it could be relatively minor; but they should definitely get a termite company to come out now to determine extent, explain necessary repairs & remedies, and treat before new sheet rock goes up.
Any pics of the damage to see how significant? Is it a few studs, an entire wall/room, all over? As bad as it seams now, it could be relatively minor; but they should definitely get a termite company to come out now to determine extent, explain necessary repairs & remedies, and treat before new sheet rock goes up.
Posted on 8/14/20 at 11:59 am to The Spleen
quote:Huh?
Yeah, every home purchase I've been party to has required a termite inspection, even one full cash sale.
If it was full cash who required the inspection?
Posted on 8/14/20 at 12:00 pm to LSUFanHouston
Termite inspection should of been required
Posted on 8/14/20 at 12:00 pm to LSUJML
quote:
First thing I’d do is have a termite inspection done to see if in fact that’s what it is & how bad
Yes, I think she has someone coming out Monday, and they aren't doing any more work on the house until then.
Last time I bought a house was 2015, conventional loan, SE Louisiana, no termite inspection required for loan (but we did one anyways, even though seller had proof of termite treatment contract).
I imagine she will have difficulty proving they knew. From what she has told me about the process, the sellers seem like a problem, but again, can she prove it?
Posted on 8/14/20 at 12:00 pm to LSUFanHouston
quote:
she said the home inspection report clearly states that they did not inspect for termites and are not responsible for discovering termite damage.
They definitely knew. It was stupid not to get a termite inspection done before buying a house
Posted on 8/14/20 at 12:02 pm to Weekend Warrior79
quote:
Any pics of the damage to see how significant? Is it a few studs, an entire wall/room, all over? As bad as it seams now, it could be relatively minor; but they should definitely get a termite company to come out now to determine extent, explain necessary repairs & remedies, and treat before new sheet rock goes up.
I don't have any pics of the damage. From what she told me, they saw it in a few studs, and then stopped.
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