when you sell or buy the house in California, is fumigation (Tent) of house require by the state law? Is localized treatment acceptable?

Asked by Fumigation, 92653 Sat Sep 25, 2010

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Kawain Payne, Agent, Seal Beach, CA
Fri Jan 31, 2014
Hello ,

I have closed deals with localized treatment as well as tenting. The tenting has a longer warranty, and is the most common.

Kawain Payne, Realtor
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Kawain Payne, Agent, Seal Beach, CA
Tue Oct 2, 2012
Localized treatment is accetable. The localized treatment will have a warranty of about one year less than the fumigation method.

Kawain Payne, Realtor®
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Which means 1 year; there isn't a termite fumigation business in California that warrants a post-treatment termite-free house! That means extra expense to repair a tile roof.
Flag Wed Feb 26, 2014
Michael G Gr…, , Orange County, CA
Mon Oct 11, 2010
The state of California does not require you to fumigate/treat for termites when you purchase a home.

If you are paying cash for your home and have no financing then the decision will be yours. I would advise that a termite inspection be completed and if infestation does exist to have it treated.

If you are going to have any type of financing on your new home your mortgage company will most definitely require a termite inspection and if any infestation does exist, to have it treated in order to fund your loan.

As with anything in real estate everything is negotiable. Usually section 1 (existing infestation) repairs are paid for by the seller. Section 2 (potential infestation) repairs are paid for by the buyer.

I would advise that you always follow the recommendations of the pest control company. If tenting is needed then you could either request that the seller pay for it (usually section 1) or both you and the seller could split it. Again everything is negotiable.

I hope this information is helpful. If you have any further questions please don't hesitate to contact me.

Best Regards,
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Greg Semos, , Mission Viejo, CA
Wed Sep 29, 2010
Generally in California, the seller takes care of Section One issues on the termite report and Section Two issues are often split. If there is active termite infestation fumigation is ofter the recommended solution. Virtually every Pest Control company offers alternatives, such as local treatment. If fumigation is the only solution then it is probably because the problem is very serious. You need to talk to the inspector.

Negotiation is the key. If you do not want to have the home fumigated you need to talk with the seller about alternatives. If your solution is more expensive you may have to offer to pick up the difference in cost, or at least some of it.

One last item, be sure that what ever solution you chose is ok with the Pest Control Company AND the mortgage company. Both will have to sign off on it. And get some unbiased information on fumigation. If is not nearly as bad or as expensive as some would have you think. But it's going to be your home, so be comfortable with what ever you chose.

Greg Semos
Regency Real Estate
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Karen Parsons…, Agent, Laguna Beach, CA
Sun Sep 26, 2010

It is not required and is a negotiated item between buyer and seller. If the sale is an equity seller (normal sale), I would definately ask for a termite report and for the sellers to pay for any active problems. Often short sale lenders will approve these costs as well.

Occasionally if there are many offers on a home, and there appears to be no damage....I will advise we leave that out of an offer to look more attractive. We can always have our own inspecion (via the home inspection contingency) and if there are problems which we did not expect, we can use the Request for Repairs to ask for correction. Every situation is different.

The main thing is to buy a home that you have full information about....then you can make an informed decision on what problems (if any) you are willing to take on. If there are repairs which are "deal breakers" we can give the sellers the chance to make repairs and if it can't be agreed upon.....we can move onto another home.

Hope this helps!! If you have any other specific questions you'd like to ask privately....please feel free to shoot me an email and we can chat more..

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Terry Bell, Agent, Santa Rosa, CA
Sat Sep 25, 2010
It's the lender situation that will decide what section 1 work needs to be done by close of escrow. Other than that, buyer and seller negotiate the cost of treatment whether by area treatment or tenting, as part of the terms of the sale before the inspection and loan contingencies are written off. This is why its good to have an agent that you stick with throughout the buying process, because you get a chance to ask a lot of questions free of charge! Agents are paid for by the sellers, so find yourself an agent to walk you through the process! Good Luck on your search! Terry Bell, Realtor, CPS Real Estate, Santa Rosa, CA
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Matthew Bart…, Agent, Glendora, CA
Sat Sep 25, 2010
Hi Fumigation,

State law does not mandate Tenting in the sale of residential real estate. The Seller and Buyer are free to negotiate this aspect of the purchase agreement. Thou, it's very common for Seller's to pay for all Section 1 items, and the Buyer's to pay for all Section 2 items. In some cases, Buyer's have left out the Termite Inspection and Completion entirely from their offer in an effort to make their offer more attarctive to the Seller's. This is fine, thou you must be prepared for this to become an issue if the Appraiser mentions any significant termite or dry rot damage in their appraisal report. In this instance, you must be prepared for the Lender to require these repairs prior to close of escrow making it necessary to renegotiate this matter with the Seller at a later time. Good luck!

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