Cana termite company be liable for the damageto my home?

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Cana termite company be liable for the damageto my home?

I purchased my home 3 1/2 years ago. I paid to have a termite inspection done and the home was cleared. Today I found damage on my home that had to be present for at least 10-12 years. Can this termite company be held liable for not identifying the termite problem?

Asked on March 1, 2011 under General Practice, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Whether they are liable depends on the exact facts. For example, you say the damage was present for at least 10- 12 years. If the damage was done prior to the inspection, and when the termite company inspected, they correctly found that ther was no ongoing termite damage and no termites (i.e., they did not miss anything would have caused additional damage after the inspection), then they might not be liable, especially if the old damage you found was in an isolated or difficult to reach area, so that even while taking reasonable care, it was reasonable for them to miss it. To have a chance of establishing liability, it would have to be that they missed pre-existting damage of such type it was unreasonble to miss, or an ongoing infestation that any termite company should have caught. Also, be ware of the statute of limitations, ro time to sue--after 3 1/2 years, the time may have run out or be running out, so if you want to pursue this, speak with an attorney  immediately.


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