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?

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2 Lawyer Answers
John Michael Frick
John Michael Frick
Answered
  • 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 ›
Answered

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).

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