Harold Avent, CPDE, CRS, e-PRO
REMAX Execs South Bay
You will need to review your contract and any addendum and repair request mutual agreed to by you and the seller. Get the managing broker involved. If the agent was an independent Broker your options will be to contact the local real estate board, and/or California Association of Realtors. If the Broker is not a Realtor, then a Real Estate attorney and department of Real Estate licensing are other resources.
Let's assume that the contract stated the seller to provide a section 1 clearance. Then that would have been a condition of the close of escrow. Those instructions would have needed to be in Title and signed off (if a loan) by the lender. Review those documents you signed at escrow. If they state the work was done, then you have a claim against the Termite Company.
Sometimes the inspection company sub-contracts out to the fumigation company. So who dropped the ball if this was agreed to in writing in the contract?
I could go on, however, without seeing your documents and what is in writing, I am only speculating.
This is one of those areas where a dual agency did not work in your best interest.
The contract has to state a section 1 clearance is to be provided in order for the title company to know this and for you to be able to have grounds.
If you used the C.A.R. contract there is a box to check which states there is an addendum regarding the Section 1 Clearance included, and it has to be included.
If this was not checked then the lender most likely would not be looking for it and didn't require it as a condition of funding the loan.
If this box is checked, and the addendum was included then the lender would require it and the title officer would have had to provide it. The section 1 clearance comes directly from the Termite Company. If the fumigation wasn't done, was there an "alternative solution" recommended in the report and did they do that instead of a fumigation? Or was money held in escrow for a fumigation at a later date.
Your digging and reading all your documents should reveal who, if anyone is responsible, then you can direct your energies there. Your agent should have been following up on the details, regardless of them being a dual agent, yet they may not be at fault.
Get your agent involved if you haven't done so already,
Also I would think that the lender would have demanded the fumigation because of the risk of lending money on a home that being eaten by Termites.
I going to start doing some phone calls.
I have no idea how long the agent (or agency) can be help accountable, but you might want to take your documentation in to the managing broker of your agency, and see if you can work something out.
If you can't find some form of satisfaction there, it might be worth a consultation with an attorney.
Speak to an attorney and follow their advice.