Rather than hijack this thread, I thought I’d start a new one.
So I have my house for sale and under contract and the buyer’s agent sends over a termite inspector and I, being the nice guy that I am, let the guy in and follow him around very closely.
He finds a couple of very obvious bits of rot and old termite damage. One single piece of lumber on the basement floor, where it gets wet, and one in the front porch, where it gets wet.
He writes in his report that he saw live insects in the front porch and basement floor. I know this is not true as I was with him all the time. This guy is from a pest control company and trying to sell his services for $600. I am absolutely certain he did not see termites. Since he was here I have ripped out the two bits of wood and there were no termites there or anywhere near. I am quite certain that is very old damage and if I do not sell the house I am quite certain I do not need to treat.
The problem is this: The bank requires a clean termite report. Even if I get a clean report from someone else I have been told that I have an obligation now to disclose this report to any potential buyers. So, in summary, I feel this guy was lying through his teeth to get a job and he has done me quite a bit of damage, to the tune of $600 since now the only way out is to treat.
I could go along and pay the $600 but I really feel screwed. I guess I could sue this guy and have other experts testify and it would cost me even more and the result will be uncertain… But I know he did not see any termites as I was with him all the time and it would have been impossible for him to see them and for me to miss them.
Any ideas on how to deal with this? All I can think is call the guy and ask him if he would want to do a closer inspection and redo the report accordingly. Unless I can get him to do that it seems the house has indeed been tainted, not by the termites but by the exterminator.
Sailor, it gets worse [sub]here, have a drink[/sub]. Now your buyer can and probably will pull out of the contract because of the termite report. IANAL, but I am a homeowner twice, and this is likely to give your buyer cold feet and they now don’t need any other reason to pull out of the deal. Because they will also have to disclose this before they sell the house, although this might vary by state.
I would call a lawer ASAP, as I suspect they will have heard of such encroachment by extermination companies before. Also, the situation reeks of foul play. I would hire an accredited inspector, not necessarily an exterminator, to repeat the search, but don’t inform them of the initial inspection This way you can be assured of an unbiased assessment which you were definitely denied by the exterminator. It was a mistake to hire them in the first place, but it highly illegal for them to dupe you into a highly comprimising situation.
Not to sound like a conspiracy wacko, but they could make a pretty penny by declaring your house a total loss, buying it for dirt cheap, conducting another inspection that deems it termite free, and selling it for an incredible gain. I’m not sure if it has happened with houses but I am positive it has with commercial buildings. Something to think about.
I am preparing a document although I am not quite sure what for yet. Just a summary of the situation. I’ll probably send it to all parties involved. Any advice welcome.
