Katy, TX asked in Real Estate Law and Construction Law for Texas

Q: New built house (4 months) infested by termites. What can I do against builder? Even if treated, value is no so down.

Hi, We bought a brand new built house from a Builder mid December 2022 in Katy, TX.

3 months ago, my wife suspected termites. We called the builder company and the pest control company linked to the builder: They suspected termites but then they said it is not...

We got an independant third party pest control company and there is indeed a termite infestation, not only on the ground but already also in the roof. (We have a WDI report)..

My wife told weeks ago before closing that there was a drain creating mud problems to the builder.

What we can do? Even if the builder treat the problem (warranty), having a termite infestation massively devaluated the house price.

Those termites are Formosa, very aggressive.

We have to leave the house now, roof structure is infected. We are going to an hotel. We want to return the house and be refunded and compensated for all the inconvenience since the beginning (several roof leaks, etc...). Thank you for your help.

1 Lawyer Answer
John Cucci Jr.
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A: A refund on a house purchase is a rare event. The hardest part of bringing such a case in your situation is proving that the termites were already in the house when you bought it. The second part of proof that you will need is that the contract did not say the house was sold "AS IS."

If you can get past those two issues, you may have a case. If you are unsure of both of the above issues, you or your lawyer need to get the proof you need lined-up, before you file a lawsuit.

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