If my mother has a contract to sell her house and a termite inspection was performed but some infestation was found that has since been treated, can the buyers choose to back out of the sale?

As part of closing requirements, a termite inspection was performed. It has sbeen treated and an inspection certification was issued. Closing is due to take place today.

Asked on October 9, 2015 under Real Estate Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The buyers can get out of the sale if 1 there was an inspection generally or "wood-destroying insects" specifically contingency in the contract, stating that the buyer could get out of the contract for conditions like this--review the terms of the contract to see what they say or 2 there is reason to believe that she knew of the termite problem before but failed to disclose it, in which case she may have committed fraud lying about something important to get the buyers to purchase, and fraud can void a contract.


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