Springdale, AR asked in Contracts and Real Estate Law for Arkansas

Q: What are my options about finding out a place has termite damage when the contract says it doesn't.

Bought a house and closed last Friday. Started renovating the master bath and found extensive termite damge and plain as day visible signs that they had termites. It's obvious someone knew about this issue at some point becaust they had the house treated and the termites aren't in the house anymore. I would like to know what my options are because if i had known about the previous or possible termites we might have changed our mind due to cost of the renovation going up. Thank you

Related Topics:
1 Lawyer Answer

A: Although I have not had a chance to review all the documents involved in the purchase and sale referred too it appears to me that you may be miss-interpreting the contract with respect to the existence--vel non--of termites. Unless the

contract(s) specifically say there is no termite damage anywhere in the premises you cannot do anything about the termite damage you found. Why?

Because if you read the controlling documents closely they will (probably) say the house is "free of termites" but not "free of termite damage" caused sometime earlier. I would venture to guess that most houses older than 10 years have some termite damage; but that does NOT mean they all have living termites.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.