If you're a seller, it would be up to you to contact the fumigation company to see if they will make the repairs. Be sure to read the language in the fumigation contract for clarification of limits on the company's responsibility.
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If, for some reason, there was early occupancy or treatment was delayed until after closing, I would ask my agent to ensure there is adequate language to support the contingency of roof damage in the addendum.
IMO, your Realtor should already be taking care of this situation for you. Have your Realtor obtain a copy of the paperwork. Also, since the house is no longer in the same condidtion as when you originally signed the contract, you should be able to negotiate repairs/concessions/allowance etc.
If there was existing decay that led the termite company to step somewhere that incurred the damage it sounds like it would not be the termite company's fault but more like a hazardous area in which they were working. If there was no decay and a shingle was knocked loose or something to that effect perhaps it was the companies fault but without knowing what happened it is hard to answer accurately.
As far as landscape damage, were some plants stepped on during the fumigation process? Were the plants hindering the termite company from accurately and effectively fumigating the home? Was harming the landscape unavoidable in order the termite company to do their job?
My advice would be talk to the termite company and tell them what occured and read the contract that you signed, there may be a disclaimer there somewhere that says XYZ company not liable for ...
Next, the landscaping. Was it damaged when the termite was done or was it removed? If it was removed by the seller, they must replace it. The property is to transfer to the buyer in the condition it was marketed, unless the seller had included in the listing that they would be taking the landscaping and it should have been noted in the mls and definitely the disclosures. If the landscaping was damaged during the termite work being done, then they would be responsible.
I would first recommend speaking with your agent and possibly there manager & broker to resolve these issues. If it can't be resolved this way, I would recommend consult the advice of an attorney.
First choice is do you even want to proceed with the purchase?
Second choice is if you want to proceed then who will pay for this treatment?
As far as any damgage caused by the process, this could be your biggest problem. Assuming there was any damage the seller and the company that did the fumigation would be responsible. That leaves a big what if.
J. Mario Preza
If the fumigation company damaged the property you are purchasing, the responsibility rests with them, to repair or replace anything damaged in the process. I once had an alarm company who installed an alarm and damaged wood frame windows and drywall . They had to come out and take care of what their installers had done. Thank goodness I had pictures because the owner had just had the interior painted. They took care of everything for us. I hope you have the same experience.
I hope this information helps! Best Wishes!
Have a good day,
Prudential CA Realty - Los Angeles