Sellers did not disclose prior termite treatment, but evidence of treatment was found by home inspector.

Asked by Dee Kayuoh, Morristown, NJ Mon Nov 19, 2012

The sellers did not disclose information regarding prior termite treatment to the house in the seller's disclosure. However, during the home inspection, the inspector discovered evidence of prior termite treatment. The seller's acknowledged this to the inspector, but could not provide any time frame when it was done, severity of the problem, etc. Is this a cause for concern? What are the precautions we should take, and what additional information should we get from the sellers?

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De Vonte Wil…, Agent, East Point, GA
Mon Nov 19, 2012
Hello Dee. You should consult with your Agent. I do not see any cause for concern, if the matter was properly taken care of. Additionally, the Sellers may have forgotten about the treatment, or it may have even been done by the prior owner. Again, I think you should raise the question to your Agent, so your Agent can find out more, on your behalf.

You did not state if the Inspector revealed whether or not Termites are present. If there are none, I would not personally worry, but if they are--you could always ask the Homeowner to remedy the problem.

I hope this answered your question! If you have any further questions, please feel free to contact me by the ways below.

Wishing you all the best,

De Vonte Williamson , LSA
Proudly Serving Long Island
Coldwell Banker Residential
"I Stand Behind Getting You Results!
1 vote
fosterkicks99, , 78052
Wed Aug 13, 2014
There are rules and regulation about what a seller has to disclose and to whom. Unfortunately some people take advantage of that. They leave out details like that because they technique don't have to inform you. That's why the house inspection up front is the best way to go. If you don't entirely trust the pest people they got, see about getting someone you do trust.

Michael Foster
0 votes
Joanne Berna…, Agent, Northfield, NJ
Tue Dec 11, 2012
Sellers are suppose to disclose previous termite infestations, how they were treated and what if any repair was needed. Not all termite damage is severe enough to need remediation.The damage should be examined and a determination made by a professional. All "active" infestations should be treated and records kept as to the date of treatment and the time period of the warranty. I have had lenders who examine a home inspection that showed termite damage and would not complete the loan without proof of treatment and repair of damage. As a buyer in NJ it is your responsibility to have a termite inspection done. Most contracts provide an "out" to buyers where termite damage is uncovered and the seller opts not to make make the needed repairs. These repairs are usually capped at a certain amount (example $2,000). The buyer then has the option to "walk" or to accept it "as is". If the seller "forgot" to disclose the termite problem, I would suggest you have a very thorough home inspection done to make sure there was no other serious problems they neglected to mention!
0 votes
Jim Simms, Mortgage Broker Or Lender, Louisville, KY
Mon Nov 19, 2012
Thank goodness for termites, the only reason we are able to live on this rock is because of the methane they produce. Otherwise, we’d be cooked!!! My life boils down to termite gas… I feel special.

You would have a hard time finding a home in my area that hasn’t had termites at one time or another. Did you ask the inspector if it is a current problem or just some scars? Serious damage is a no go even the lender will object, bugs were killed long ago and no major damage, thumbs up!

Jim Simms
NMLS # 6395
Financing Kentucky One Home at a Time
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0 votes
Wayne Odenbr…, Agent, Mountain Lakes, NJ
Mon Nov 19, 2012
Almost all homes in NJ have had issues with pests over their lifespan.
The good news is that it was treated.
The questions you ask ofthe Seller are bad was it?

Your Seller has been asked the right questions
You should insist on some answers and copiers of reports.

Your Inspector should be able to see any extensive damage, but the more documentation you get, the better.
0 votes
Kenneth Verb…, Agent, PRINCETON, NJ
Mon Nov 19, 2012
often sellers disclosures are not worth the paper they wre written on. Often sellers forget what has been done in house (even during their ownership) not to mentione before they purchased. Real questions are ; are there active termites now and is there structural damage that needs to be addressed. Your inspector should have been able to tell if there are signs of active problems and also may have a clue as to extent of damage. Start by asking the person who did inspection. If you are still concerned you could get another inspector to check structure. (I suggest an inspector who is also a licensed engineer) What you have found is pretty common though. (signs of treatment)
0 votes
Alan May, Agent, Evanston, IL
Mon Nov 19, 2012
Dee - the rules vary, state to state, and sometimes even region to region.

If the treatment was done years ago, and was considered successful and eliminated the termites... then in our area, it's not required to be on the disclosure form (although I would still counsel my seller to note: "termite treatment done in 1995, termites successfully removed via "Terminex" with a 25-year transferable guarantee".)

An issue that has been rectified... (leaking roof - repaired... cracked foundation - sealed) need not technically be revisited on the disclosure form.
0 votes
Albert Baron…, Agent, Chatham, NJ
Mon Nov 19, 2012
The home inspector is paid for his services. This will be noted in his report. It is up to your attorney to request any active termite activity be treated and any repairs made. This is no big deal and should be handled quickly. A typical treaent costs abou $300 and is usually guaranteed for a year .
0 votes
Ron Thomas, Agent, Fresno, CA
Mon Nov 19, 2012
Be realistic; if you were the Homeowner, and you had some treatment done years ago, would you remember?
The DISCLOSURES is not a way to entrap people and send them to jail!
They are supposed to disclose things that they remember, that are important.
About 50% of the houses in America have some termite infestation during their lifespan; that is why the Pest control companies stay in buisness.
That is one of the reasons for have INSPECTIONS.
You should only care if there are termites NOW!
That, you can do something about!
0 votes
Thanks Ron! Actually, if I were a homeowner, I'd keep all documentation of work done on the house, including pest control contractors that declare the house to be free of termites after treatment. But, my question is not about how we can blame the homeowners for not disclosing the fact, my question is, what precautions should we take now that we know. For example, should we get a termite specialist to inspect the house? Should we get a structural specialist to determine the damage from the termites (if any)? Or a regular home inspection should do the job?
Flag Mon Nov 19, 2012
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