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creativearts…, Home Buyer in Long Beach, CA

What to do when you purchased a house and after the fact come to learn the house is infested and alot of the wood is severely damaged. ?

Asked by creativeartsbydebbie, Long Beach, CA Fri Nov 23, 2012

I'm a first time buyer, I went through VA to buy hm and its in L.A. county. For the house to go through escrow it had to get a certificate. This house from top to bottom is a disater and a never ending nightmare that I cant awaken from! Friends have told me I can sue. Please if anyone has any advice or can shed some light on this I'ld be greatly appreciative.

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Answers

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You probably have a very long list of issues, and each list has probably a different root cause and recourse you can take for it...

At the end of the day.. suing is like going to war.. no one wins. So I would avoid it like the plague. You should have received a home inspection.. start by reviewing that... you should have a termite clearance certificate, which usually has a 2 year warranty in California.. you can call the termite company and have them come back and take care of it...


Best of luck, be patient and be strategic about your decision making and about your dialog.

Ron
0 votes Thank Flag Link Fri Nov 23, 2012
If the issue is related to termite work the Seller most likely would have been responsible to eradicate all Section 1 (active infestation) prior to close of escrow. That would not have been a contingency, but a seller's obligation under the contract. However, your approval of the termite report would have been a contingency. Additionally, you should have had a final walk through and if the termite work wasnt completed you could have tried to hold up escrow and get it right. Now that its completed you should contact your realtor and discuss, followed by a real estate attorney.
0 votes Thank Flag Link Fri Nov 23, 2012
I understand that you have had a termite inspection and work performed by the termite company and they issue a certificate of completion on section 1.

If you still have termites you may want to contact you realtor and as him/her to contact termite company for explanation .

Hopefully termite company will be able to visit your house and remove/exterminate all pests/termites .
0 votes Thank Flag Link Fri Nov 23, 2012
If I am understanding you correctly you had a pest inspection and then in order to close escrow all the section 1 items on the report needed to be cleared in order to close the deal. If that's correct and you still have issues that fall under the auspices of the pest inspection, you may have cause to sue the company who did the work and/or the inspection if they are different depending on the circumstances.

I suggest you discuss with a real estate attorney and see what you can do
0 votes Thank Flag Link Fri Nov 23, 2012
Did you not perform an due diligence? Did you not perform an investigation prior to purchase? Did you not use an Agent which insured that the Seller provided you with a disclosure prior to purchase? Generally, it is BUYER BE AWARE, if you don't do your homework then this is all now your problem.
If you did do your homework and you did not discover this, then it is hard to understand how it could be this bad and you did not notice.
If you can prove that the Seller did know about all these problems and did not tell you, then you may have some recourse. However, again, if the problems were obvious to anyone doing even minimal due diligence investigation, you likely have no case.
0 votes Thank Flag Link Fri Nov 23, 2012
What does your contract say? Did you buy it "as is"
Everyone is so quick to jump into lawsuits but the truth is, buyers and sellers have disclosures that were signed by both so if I were you I would refer back to the Purchase Agreement and the Contingency Removal part of your contract. Escrow would not have closed if you didn't sign off on your documents.
Did you have a buyers agent working with you? Did you have an inspection?
I'm sorry you ended up with such a money pit.

Good luck
0 votes Thank Flag Link Fri Nov 23, 2012
Did you have a Realtor represent you? Did you inspect the property? The Seller has a responsibility to disclose what they know and you have the responsibility to check the property out. Have your realtor help you. If you don't have a realtor you will probably need an attorney and that will cost you time and money.

Whomever you have help you should try to be specific and factual to get to the fastest resolution. What is infested and what is damaged. What needs to be repaired and what will it cost.

It is really important to have a professional represent you when you purchase a home to avoid problems which are much harder to fix after the fact.
0 votes Thank Flag Link Fri Nov 23, 2012
Did you receive a certificate of completion of the termite work? Was all section 1 work completed by a licensed termite company? I would look at the termite inspection and completion if you have it. If you cannot locate a copy, I would contact your Realtor for a copy. There should be a built in warranty on the termite work, check the report and invoice. The first step would be to contact the termite company and get someone out there to re-inspect. I would also get a second inspection, I have referrals if you need them. Ask them to complete the work and if they refuse to do so, report them to the State Board. Call me with questions at 310-413-1088.
0 votes Thank Flag Link Fri Nov 23, 2012
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