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cjsand
Re: termites

to get money from the seller you would have to proove that they knew they had termites and did not disclose it to you, assuming you used a realtor, and they gave you a disclosure statment. usually the termite inspector will give you a warranty with their inspection. have you made a claim on your homeowners insurance?

nbattles
Re: termites

I havent put a claim on my insurance yet. Should I? I guess at this point our proof of prior knowledge is the termite treatment holes that where in front of the garage that the previous owner built and in the driveway that he poured. Clearly showing he had treated for termites in the past.

cjsand
Re: termites

sounds like questions for a lawyer, but i would think if you made a claim on your homeowners ins. they might be able to help?

nbattles
Re: termites

This is all starting to make me sick. This is our first home and now this problem is rearing it's ugly head. Today I found in a corner of a room that seemed to be hit hard with termites, behind the lath I was able to push a screwdriver all the way through a corner wall stud.

just fantastic.

Nate

KCPumpkinStalker
Re: termites

That's incredibly frustrating. I had a similar experience. The former owner of my 1935 house checked the "yes" box on termite damager in her disclosure, then crossed it out and wrote "no". First clue, right?! So my inspection did find plug holes from treatment and found some damage, but it was not extensive enough to bother with, although her disclosure was dishonest. Then I was replacing my living room mouldings and when I took the old off, I discovered that there was significant wood rot between the walls. I ended up taking a 6 foot tall section of plaster out and having it replaced with drywall after sistering joists next to rotted ones. The culprit was a leaky section of gutter that she thought putting tar in would fix it. I was damn close to suing but I did most of the work myself and it ended up only costing me $100 because I hired the drywall work. I HATE messing with drywall! It's incredibly frustrating to buy a house, have a disclosure, do an inspection, and still find problems later on. And proving if the person knew about such issues/the inspector should have caught it seems like it would be too dificult unless you had a family friend lawyer or blatant proof that they were dishonest/negligent. In my case, too wishy washy to bother.

Timothy Miller
Re: termites

Howdy, temite damage is not covered by home owners insurance no way no hiow.... Moreover if it was a covered loss which it is not this would be a pre existing damage prior to you owning the home an again be excluded from any insurance coverage . Do not make a claim it will only come to haunt you.

You need to sepnd an hour with an attorney or two before any midigation. Sounds like you have substantial damages Contact the local insect treating companies an see if they have records of treating this home and get copies of any treatment contracts. Also check the court records of homes owners to see if they disclosed these damages etc...

djohns
Re: termites
Timothy Miller wrote:

Howdy, temite damage is not covered by home owners insurance no way no hiow.... Moreover if it was a covered loss which it is not this would be a pre existing damage prior to you owning the home an again be excluded from any insurance coverage . Do not make a claim it will only come to haunt you.

You need to sepnd an hour with an attorney or two before any midigation. Sounds like you have substantial damages Contact the local insect treating companies an see if they have records of treating this home and get copies of any treatment contracts. Also check the court records of homes owners to see if they disclosed these damages etc...

Best advice so far .

yousuf
Re: termites

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hedgeclippers
Re: termites

Wow when I read your posts about termite damage I think of how lucky we were. Not too long ago we had termites try to invade our house and only found it because of a need to take a piece of ceiling down in our basement in order to run high speed internet in our house. To think too that we were not going to have high speed internet in our house and then changed our minds.
With us the damage was very minor and they had just started to invade our house more like wood being drilled through in one area and that was it. I have a good idea though where our termites came from and that is our neighbors shed as it is full of termite damage and about ready to fall down. That and we have had moisture problems at our house in some areas.
I agree with the person who said don't bother filing a claim with your insurance and that it could come back at you with increased premiums. I also agree that you should hire a lawyer and sue the previous owner for non-disclosure of a fault in the house and sue the inspection company for negligence as both parties are at fault. Whatever you do though don't have anything more to do with the inspection company until your lawyer files suit as it might hurt your case otherwise. Whatever you do too don't accept a check from either party as that will end any possibility of getting a proper settlement in court. I know because while I have never had to sue an inspection company or a former owner of a house I have had to deal with poor tenants who didn't pay their rent and had to sue them to get whatever I could in court. It's never fun to have to sue someone and lawyers are expensive but sometimes that is your only alternative.
I also know you would like to get everything repaired as soon as possible but I think you should contact a lawyer first as the lawyer I am sure might want pictures of your property so you can prove in court your damages. If the pictures are good enough you might not even have to go to court as they might want to settle out of court,if they do that is great. To help your lawyer and your case get plenty of estimates from contractors. Good luck to you!:)

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