A pest inspection is typically a separate inspection than a general overall home inspection. When I lived in the midwest the lenders required a pest inspection due to the high activity of termites and other wood destroying pests. (I was a licensed in pest control for a brief time in Iowa) Out west. the inspection is not required by lenders, but is optional. Since a general home inspector is not typically trained to inspect for pests, it is likely that they have a disclaimer in the report that limits their liability for this among other things.
Each State has their own rules and laws for these types of things. Contacting a attorney that specializes in Real Estate in New York for a consultation is your best option. Attorney fees can add up very quickly, so you need to understand what you expect to get out of the pursuit of this matter. Be ready to take a lot of time, and spend hundreds of dollars in attorney fees. Decide if its worth the effort to pursue vs. what you will get from taking the matter to court.
Claire Reynolds || http://www.homeinspectionassoc-ma.com
Agents aren't pest inspectors and unless they have direct knowledge of the infestation you can prove, can't be responsible for it.
Seller's are obligated to complete disclosure forms about what they know about a home. If a roof leaked, they should disclose it and then disclose that they had it repaired. If a seller knows about pests, they should disclose it and what action they've taken to resolve it.
Inspectors, at least in my state, must be licensed both as building inspectors and pest inspectors. They should have caught this regardless of who suggested them. They are a licensed third party and owe everyone a duty of professionalism.
Buyer's have an obligation to investigate during their due diligence and/or inspection period. They are the ones who should be paying for the inspection(s) and should only sign off on this portion if they are satisfied that all that needed to be done was done.
In my opinion, you have three potential targets, four if you can prove prior knowledge by the listing agent. The owners if they should have known, the inspector if they were licensed and competent and yourself for not investigating more thoroughly.
If you want to pursue this further, speak to an attorney and get their advice. Provide all of the documents, inspections, contracts etc and see what they say. You'll probably have to file a small claims action based on your current expenses, but if it gets worse their could be more. The attorney will tell you the strengths and weaknesses in your case and hopefully the truth. Best of luck and sorry for your troubles.
If activity was noted by the inspector, he would have made some notation referring your to consult a pest control expert to inspect the property thoroughly.
If the infestation and damage are blatantly obvious you might possibly have some recourse with the inspector.
It seems if the infestation were very obvious you and your Realtor would have noted an issue.
The seller's provided a serller's disclosure on the condition of the property, if there were known problems it should have been noted. ...... You would have to prove they know and did not disclose.
If you have recourse, the amount you spend in extermination/repairs propbably will not exceed the costs of an attorney. In your postition I would be frustrated, but you do have some responsibility in due diligence prior to purchase. For instance, in an area where there are termites. you should have a termite inspection.
This scenario reiterates to my why I should not order any inspections for my clients, but provide a list of reputable inpectors to my buyers for them to make the choice.......
Your agent doesn't' sound like a particularly knowledgeable one, but then we're only getting your side of the story and I'm sure they have their side. Pursuing them is possible, but you may find it a waste of time and money.
Carpenter bees are common and will reappear every year as long as there's wood on the exterior of your home, they generally don't cause excessive damage and are more of a nuisance. Carpenter ants can cause extensive damage over time.
For more about what home inspections do and do not cover, read the link I've attached below.
Buyers that elect to not take advantage of these options do embrace a much higher risk for encountering problems after their purchase. Unfortunately, you may be finding yourself in a position of needing to seek the services of another professional....an attorney!
Just keeping it real!