What to do if i bought a home that has termites?

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What to do if i bought a home that has termites?

After my closing date, I went to clean the new home i purchased and I noticed little tan pellets in the kitchen cabinets by the bathrooms cabinets. I swept it up because I thought it was dirt. The next day I check to see if it was there again and yes it was. Now I have had 4 inspectors come out and tell me that I have termites in my cabinets. However, I never did an inspection because the inspector said that he didn’t see any signs of termites. What do I do?

Asked on December 6, 2018 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

IF you believe that the seller knew of the termites and--more importantly as a practical issue--that you could prove that the seller knew of the termites (e.g one of the inspectors or an exterminator you hire had previously inspected or treated the house and can testify in court, if necessary, that they told the seller about the termites), you could sue the seller for fraud. The seller is obligated to inform the buyer of any serious or significant issues of which he or she is aware but which are not readily visible when the buyer walks through or views the home; a failure to disclose such known but "latent" issues can constitute fraud. If the seller did commit fraud, you could recover the cost to treat and repair the home.


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