Does anyone know the California Penal code associated with NOT using a Termite company for the sale of my home.?

Asked by James Williams ii, Highland, CA Sat Jul 13, 2013

I have had several real estate agents tell me that it is against the law to sell my home with out a termite clearance.
I searched all the California Penal sections and I can not a law that states is true. Can anyone help....

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Maricela Ban…, Agent, San Bernadino, CA
Tue Jul 16, 2013
go to my link and look me up
i'll give you all the help you need.
2 votes
Lance King, Agent, San Francisco, CA
Mon Jul 15, 2013
Whoever told you this should go into another business.

That said, since pest inspections give dollar amounts for repairs it is a good idea to have a pre-sale inspection so that you can properly price the property in accordance with the issues at the house.

If you do not do one, buyers are more likely to be able to use these to come at you for price reductions.
0 votes
Dan Tabit, Agent, Issaquah, WA
Sat Jul 13, 2013
Some agents are misinformed, but have the right intentions. Having your home pre-inspected for termites or other issues may be a good idea. If you find them, you have a chance to address the issue and report a solved problem. Lenders may require a termite clearance in order to complete a loan on the property, which doesn't make it law but makes it a requirement for financing. They who have the money, makes the rules. If you want to hold out for cash buyers, you can but they tend not to be buyers willing to pay top dollar.
0 votes
Walter 'Skip'…, Agent, Brea, CA
Sat Jul 13, 2013
I agree with the answers below. That said, if there is visible evidence of termite and/or dry rot and is pointed out by the appraiser, the buyer's lender may want it fixed prior to funding the loan. However, that does not mean you have to fix it. You may have to find a cash buyer.
Good luck,
0 votes
Ron Thomas, Agent, Fresno, CA
Sat Jul 13, 2013
I hope we don't get to the point where the government is doing this like this!
Alas; we already have.
0 votes
The Medford…, Agent, Fremont, CA
Sat Jul 13, 2013
Depends on the type of sale. If you have a Section 8 or VA buyer, then there will need to be Section 1 Termite Clearance provided. And it's not in the penal code: it's in VA and Section 8's requirements.

For most other types of sales, including FHA, no termite clearance is required. MAKE SURE there is no mention of a termite report or any termite related repairs ANYWHERE in the contract - otherwise the bank may require a Section 1 clearance as well.
0 votes
Ross Lambert…, Agent, Los Angeles, CA
Sat Jul 13, 2013
I have been in the Real Estate industry for a long time. You are correct in stating that accidentally some agents feel in their heart that a Termite Clearance / Report MUST be done on ALL real estate transactions. However, this is wrong.

The United States of America fought off dictatorship when the initial Colonies discussed the independence of American back in 1775 and declared a Union formally in 1776.
A Termite Policy, Clearance and or Report is negotiated between the parties involved.
and if decided not to have Termite in the contract, then so be it.

There is NO law that states you must have Termite added into a contract.

P.S., if you do mention Termite in the Offer, and it has been agreed upon, then that is part of the contract, and you will have to deal with it.
Please feel free to call me anytime James, and I will assist you further in this subject.
Russ Lambert
0 votes
Tim Moore, Agent, Kitty Hawk, NC
Sat Jul 13, 2013
You should ask a lawyer that question, not real estate agents. We don't study or deal with penal codes. Try a Google search.

I know the laws in California are weird, but I am going to guess you were told incorrectly. Lenders will require an inspection, but I bet a cash buyer would not "have to" have one. But then I am not familiar with Calf. laws.
0 votes
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