Is there anything that we can do if the sellers only disclosed possible infestation, when there was actually extensive damage?

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Is there anything that we can do if the sellers only disclosed possible infestation, when there was actually extensive damage?

We recently purchased a home where the sellers disclosed possible termites, so he had the house and grounds treated right away. Upon on removal of existing vertical blinds, my husband noticed water damage to the window sill/frame. After inspection by a contractor to determine repair costs, he found extensive termite damage below the window and suspects the damage extends through the entire wall.

Asked on June 26, 2012 under Real Estate Law, Oklahoma

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country, the seller of real property is required to disclose all material items that would affect price paid or desirability to a potential buyer. If the sellers knew that the condition of the home was worse than they disclosed as "possible" termites, as opposed to actual termite, and you can prove such, then you have a factual and legal basis for bringing a legal action for the costs of repair or diminution in value at close (the lesser of the two).

My concern is why you did not have a pest inspection of the home before close of escrow if there were possible termites to verify such?


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