Termite and Wood Boring Insects - Termites in Mississippi
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buzybee23
07-15-08, 10:55 AM
We were trying to buy an older home through an estate. The lady in charge of the estate would not allow us in the house to look it over really good and the lawyer took his sweet time to do anything causing our loan to expire. But, before that, the apprisial guy told us we have 3 items we had to take care of before he would sign off on the house. We had to replace one wall that had water damage caused by hurricane Katrina. The owner was old and had cancer and was paying a local pest company to spray for termites. (questionable) When my husband took the drywall down to replace it...he found a live colony of termites and they were well feed. They had eaten 3 boards completely and were working toward several others. The lady that was in charge NEVER told us the house had had termites before hand until after we found the colony. We backed out of the sale of the house and now the attoney for the estate is threatening to sue us if we do not go forward with the sale of the house. We believe that the entire front of of the house is infected and they are/were not willing to give us any money to repair it. They have not saw fit to sue the pest control company that did not do their job. ( I am a close friend of the estate family) and have been told that the lawyer has not said anything about sueing the pest control co. Does the lawyer have a case against us?
twelvepole
07-15-08, 01:54 PM
Most institutional lenders will not grant a loan without a termite inspection and require a certificate of inspection. It is always a good thing to have a termite inspection by a licensed exterminator as well as a professional home inspection by a an inspector who is a member of the American Society of Home Inspectors (ASHI). The average home inspection costs about $300 and is a worthwhile investment that can save you money in the longrun. Buyers usually have a contingency clause in the contract, such as 'pending inspections.'
The lady in charge of the estate sale may not have known there was a history of termites. You were not aware of them until the dry wall was removded. Even if the property was under contract with an exterminating company, an exterminator can only inspect what he can see. He does not have x-ray vision to see inside wall voids. The estate is under no legal obligation to pay for repairs.
You signed a legally binding contract and failed to get recommended inspections. You bought a house 'as is."
Yes, they have a case against you. It is always wise to work with a real estate attorney to review the contract and discuss necessary language for unforeseen circumstances, such as contingency clauses pending inspections.
The lady in charge of the estate sale may not have known there was a history of termites. You were not aware of them until the dry wall was removded. Even if the property was under contract with an exterminating company, an exterminator can only inspect what he can see. He does not have x-ray vision to see inside wall voids. The estate is under no legal obligation to pay for repairs.
You signed a legally binding contract and failed to get recommended inspections. You bought a house 'as is."
Yes, they have a case against you. It is always wise to work with a real estate attorney to review the contract and discuss necessary language for unforeseen circumstances, such as contingency clauses pending inspections.