Awu, Home Buyer in 22304

If bank does not require termite inspection, does seller still need provide the termite inspection report to buyer in state of VA?

Asked by Awu, 22304 Wed Dec 7, 2011

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Kathy Stark, Agent, Burke, VA
Wed Dec 7, 2011
It all depends on what your contract says. If the contract says the Seller needs to provide a clean report then that is what is required. If the lender does not require it and you, the buyer do not care that is your choice.
I would speak with your Realtor.

Kathy Stark
Weichert, Realtors
1 vote
Will Nesbitt, Agent, Alexandria, VA
Sun Mar 4, 2012
Termites are no threat to concrete and steel structures or condos more than 3 stories tall.
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Rob Ross, , Reston, VA
Thu Dec 22, 2011
Check out my link below for my VIDEO on TERMITE INSPECTIONS!

I am a local DC Lender running one of the TOP teams in the area.

Rob Ross 703-568-3749
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Kay Woodard, Agent, Lorton, VA
Sat Dec 10, 2011
Most lenders require an inspection -- there is a place in the contract where the party who will order/pay for the inspection (usually $35-65) is defined. Sellers are frequently asked to do this unless the buyer is more comfortable being in control of this process. If infestation of termites (or other insects, e.g. carpenter bees) is found, the VA contract requires the seller to pay for treatment and repair any damaged wood.

If a house is bought with cash the buyer may still ask for a termite inspection -- and would be wise to do so.

If the buyer is purchasing an "as is" property, e.g. a foreclosure, short sale or estate sale, his lender will probably still require a termite inspection, but the seller will not be liable for any treatment or repairs if any infestation is found. The buyer should include an inspection contingency so that if an expensive situation is found, he can choose to correct the problem himself or walk away from the contract.

Bottom line -- if you're a buyer, always ask your lender about a termite inspection requirement upfront so you'll know how to negotiate that in your offer to protect yourself. If you're a seller, know that unless you're selling your home "as is" the state of VA will require you to deliver a termite-free home to the buyer. And, everyone should get the inspection early enough to leave enough time before the settlement for treatment and repairs should they be necessary. The lender will want to see evidence of that before closing.

Kay Woodard
RE/MAX Gateway
(703) 615-3101
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Erik Weissko…, Agent, fairfax, VA
Thu Dec 8, 2011
If the contract reads "seller to provide" than that is what is required....unless otherwise negotiated. If you are the buyer..seems you would want it anyway. However, I always want MY client to pay for and provide the termite (wood boring insect) report. If you wish to know me directly and I will explain.

Best of luck to you!

Kind Regards,

Erik J. Weisskopf,ABR,CDPE,CRS,GRI
0 votes
Robert Lepel…, Agent, Alexandria, VA
Wed Dec 7, 2011
Dear Awu:

I am assuming that you are asking this question because paragraph 16 of your NVAR contract is marked that the Seller will both pay and provide for a termite inspection. Your financing entity's not requiring one does not grant the Seller a waiver. I have seen financing whereby processors state that they do not need one for a condo purchase, and later on underwriting says that they do. So the Seller should pay the $50 +- fee and just get it done! The Seller should not risk being in non-compliance with the contract.

The Virginia Supreme Court has issued various decisions on termite damages based on non-survival and survival provisions as well as allegations of violations of Virginia's consumer protection laws. Only a license attorney will be able to provide you with the proper information in case there is damage.

Hope this is helpful - Robert Lepelletier - Keller Williams Realty Alexandria/Kingstowne
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Vicky Chrisn…, Agent, Purcellvile, VA
Wed Dec 7, 2011
Kathy is right. (There is very little *required by law*... it's "required by contract" or "required by lender"). Quite honestly, with new construction why would you inspect for termite damage? But many lenders require preventative treatment for new construction... all depends. Check with the parties to the transaction.
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Susan & Mindy…, Agent, Alexandria, VA
Wed Dec 7, 2011
Kathy has it right. If the lender does not require it, then the answer to the question is in the contract and what was negotiated. There is no legal requirement to provide it.
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Chris Ognek, Agent, Fredericksburg, VA
Wed Dec 7, 2011
I actually thought the termite inspection was required by law. Your settlement attorney should be able to answer this for you.
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