Everything in the California Purchase Agreement is negotiable, however, it is typical that the seller will pay for Section 1 termite (email me if you need clarification and Section 1) and as many others have said the lender may require a termite clearance. Some sellers will, prior to putting the property on the market, have a termite report done. Others will wait until the property is in escrow before they carry one out. If you are buying a home and your lender does not require a termite clearance, if the home has not been tented within 2 years, you should get one anyway. Most termite companies only guarantee their work for a max of 2 years.