Home Warranties and Inspections - Inspector and agent omit termites issue

I purchased a 2yr old townhome in 2004. It was my 1st, and I had no clue, I was totally in the agent's hands.
An inspector (recommended by agent) did his job in 40 mins. and found all OK.
It was clear, after a few weeks, that the garage door had some problems, the circuit brakes around the house were backwards, the sockets in the bathroom didn't have test botton, but the ones in the master room did, the electrical box had several bottons misslabeled, the toilets had flushing problems and even when working a stinky smell came out of them. The back door didn't open well, as if swollen, but the inspector had undermined the problem stating that it was probably the sealing around it, coming off in parts.

After 3 years we have dealt with most of these things. Toilets remain "weird", and TERMITES fell off the bottom of the backdoor recently!

As I begin to deal with this latest problem, I noticed that all around the slab (in my property but not the neighbor or others with same floor plan) there were holes patched up with concrete, every 50". I suspect previous owners may have had a termite problem, treated it, but failed to disclose it. Is it legal to do so? Don't agent and inspector have to cover termites in paperwork? What can I do at this point?

Sorry for your problems airedale.

To answer your last question first, NO the agent is probably NOT responsible for anything. He can only disclose what has been disclosed to him. There have been cases where an agent was held to a higher standard or, "should have known" as a professional in the trade. But IIRC it was always in cases where $500K or up was involved and a good attorney could be brought in.

In many states the person doing the "mechanical and structural" inspection is NOT a termite inspector, completely separate animal.

Due to the passage of time, there's probably nothing you can do to obtain any relief. However one thing that I have done, many times in fact is write a letter to the agent, his broker (who is ultimately responsible for the actions of the agent) the local RE Board and the state RE Commission.

I would point out that while you are but one person, and the agency/brokerage is a big business with (possibly) many outlets and a big advertising budget, you plan to counteract that advertising budget with your own "word of mouth" advertising campaign regarding, AND THEN STATE PLAINLY, IN ONE SENTENCE STATEMENTS EXACTLY WHAT THE AGENT DID, AND HOW THEY ERRED IN DOING IT.

Point out that over the coming months and years as you pursue your life in this village you intend to point out how shabbily you were treated by the agent and, by extension, the broker. You will point this out to EVERYONE you come in contact with, at the grocery, drug store, church, boy scouts, little league, wait staff in restaurants, dance recitals for you kids when they reach that age. Everyone will know how this agency treated YOU.

Take at least as long to write this letter as you would to write the most important research paper for the most important college course you ever took. Make no threats of a physical or legal nature, your words must PERSUADE, not threaten. You will live with the outcome of this letter for the rest of your life (in that village).

It's worked for me several times and I've ALWAYS felt better afterward.

frank

FYI, never go with an inspector recommended by the realtor. Always hire your own inspector and insist on a termite inspection.