What to do if termites were found after an inspection reported no signs of insects?

UPDATED: Mar 30, 2012

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What to do if termites were found after an inspection reported no signs of insects?

I had an inspection for wood destroying insects 5 months ago. Last week I found an active infestation of termites while starting a remodel of the kitchen. It has cost me $1400 to have the property treated and will cost me to repair the damage caused by the termites. What can I do in this case – against inspector, seller and/or real estate agent. I’m not sure of where to go from here.

Asked on March 30, 2012 under Real Estate Law, Pennsylvania


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Okay.  You need to take your repot to an attorney to review under state law.  I do believe that home inspectors are to be licensed and bonded in the state of Pennsylvannia.  That means that they are insured if they should lose a lawsuit.  You need to determine how long the condition existed for and if it was apparent on the first inspection through the naked eye or through the means for which they are to conduct their inspecions.  In other words, did the inspector fail to do something that he should have and thereby was negligent in his duty. Good luck.

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