Legal Question in Real Estate Law in California

law on terminte inspections when selling

I bought a home that had a terminte inspectione done almost a year ago. The home now has a significant termite problems and requires ''tenting''. The company spot treated the home with a 1 year warranty, but the warrant does not say specifically what they cover. I had an independent company tell me they came out for the selling inspection and recommended ''tenting'' then, but the other company probably low balled and spot treated and didn't take care of the problem. Is the termite company or seller liable to cover the ''tenting'' I must do now?


Asked on 11/11/03, 7:55 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: law on terminte inspections when selling

Giving you a really useful answer covering liability issues would require reviewing how the pest control reports and seller disclosures were handled in your particular purchase transaction, and who requested and paid for the inspections.

As for the law itself, check Business and Professions Code sections 8505 - 8519.5 for the law of structural pest inspectors and reports.

See also Civil Code sections 1099 and 1102 - 1103.14 re disclosure requirements. See especially 1099 and 1102.4(c).

If you think you may have a claim against the seller, a real estate licensee, and/or a pest control operator, see an attorney promptly because you may face an expiring warranty or a statute of limitations.

Did you or the seller use a licensed agent/broker? If so, they are potentially liable for any failure to disclose pest problems, and you might want to advise them of your problem.

You should obtain copies of reports made by any and all companies that performed pest inspections if you can. Compare them for omissions and discrepancies.

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Answered on 11/11/03, 8:37 pm
Michael Olden Law Offices of Michael A. Olden

Re: law on terminte inspections when selling

Yes, first of all the trading termite Company is responsible, the sellers are responsible, as they did not so you the house free of termite infestation, the seller broker is responsible potentially, if and I would still requires the one year warranty to make good based upon the situation, subject to what is set forth in their agreement, of course. There must be some manner of doing this without litigation but, no one wants to take the responsibility as is normal in the situation. I have dealt with real estate law and practiced for over 30 years in the San Francisco Bay Area know would be more than than happy to talk with you about the situation. If you wish to consult with me i am at 925 -- 945 -- 6000.

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Answered on 11/12/03, 12:08 pm


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