If you had a termite inspetion prior to closing escrow, they would have determined if there was was active termite activity and if there was termite damage. This would have been reported to you in the tremite report, and seller would have had to have repairs done.
As far the leak in thebathroom, if it as bad as you state , there should have been some evidence of a leak even without removing the carpet. The pipes may have evidence of a leak as well as the floor of the cabinet that houses the pipes. Bubbles or cracks on the floor of the cabinets is a tell tell sign of leaks.
Are you sure you read the property inspection report . If the leak in the bathroom as spread to cause mold in the bedroom, there should have been signs of this on the base boards and base of the walls.
You also should have done a final walk through of the home prior to closing, at this point the home would have most likely been vacant, and you should have been able to take a REAL close look at every room in the house, the bed at this point should have not been present and the damage would have been visible.
Buyers have to be very diligent with inspections and repair request prior to closing escrow. Once escrow closes and issues come up it becomes a grey area as to whether or not buyer can go after seller for the cost of repairs, unless the seller clearly misrepresented a material fact about the home.
Best of luck to you.
Kawain Payne, REaltor
A home inspection would not go "inside walls" nor can they "remove carpets" to discover this problem. I am assuming there was no odor to alert anyone of the problem either?
It's good that you had a home warranty to cover some things.
The termite inspection should have detected termites and taken care of them. It sounds like you did not get a termite inspection on the property, so it falls to you to take care of it now.
The only way the Seller is responsible is if you can somehow prove that he knew about it and that he knowingly concealed it from you.
I'd get a local contractor that specializes in insurance claims to work with you or just forget about it and do the necessary repairs and get on with enjoying your home.
Hope this info will help you!
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I think you are going to have to cover the cost of the repair.
I know it sounds hard, but if they gave you the time to inspect the property, and the seller did not know about the problem, then the cost to repair is on the buyer.
Talk to your agent, and see if they can guide you in this.