Houston, TX asked in Real Estate Law for Texas

Q: Do I have cause to sue a previous homeowner for not disclosing termites?

I bought a house last year. I had a home and termite inspection. The inspection showed no activity or prior activity of termites. The Seller's disclosure said no prior treatment, no previous termites, and no current activity of termites. In May, I saw dead termites in my house. I had a termite specialist come out and he inspected the house. He didn't find signs of current activity, but did find signs of previous treatment because there were old bait stations around the house and a prior treatment sticker in the electric box. Do I have cause to sue the prior owner for not disclosing this on the seller's disclosure?

Related Topics:
2 Lawyer Answers
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: It depends, but probably not.

Peter J. Weinman agrees with this answer

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: It sounds like you have more of a claim against both your inspectors who each failed to notice the bait stations around the house and the sticker in the electric box. However, even if you have a claim against either inspector, it will likely be limited to the cost of the inspection (which is what most inspection contracts provide).

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.