Termite Inspection - no warranty

Asked by Jerry, 20020 Mon Feb 11, 2008

I am a seller with a contract with a buyer in the state of MD. The contract and settlement are contigent upon a termite inspection. The buyer paid for the inspection and it was arranged by the buyer's agent. The termite inspection took place and the inspector said that everything looked fine in my house and he could not find termites. However, the inspector said that he could not give a termite warranty to the buyer because he found that the outside of my house looked like it had inactive treatment. I guess he meant that he could not tell when my house was last treated outside for termites. I have NO receipts or paperwork to show any past treatment. What should I do? Do I as a seller have to pay for the treatment before closing?

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7
George Belle…, Agent, Ellicott City, MD
Fri Feb 22, 2008
Are you working with an agent? If so, you are hopefully using the official contract for your area. Unless you are using some different contract, You can check the National Pest Management Association guidelines, but normally they report 1) No evidence of infestation, 2) Live insects 3) dead insects 4) damage. Paragraph 18 of the Maryland Association of Realtors contract covers this. It addresses current infestation, and prior damage. If there is no current infestation there is nothing to treat, and if there is no damage there is nothing to repair! Stick to the contract. However, in this market, if a few hundred dollars gets your house sold........... Good luck!
Web Reference:  http://www.headforhome.net
1 vote
T.E. & Naima…, Agent, Dallas, TX
Mon Feb 11, 2008
The termite certificate gives a choice to put there is "evidence of previous termite infestation but none that is active". That should be sufficient. If he does that and the buyer is getting a home warranty with termite coverage, if they come back that warranty will cover it.

Are they wanting you to do a preventative treatment?
Web Reference:  http://www.sumnerrealty.com
1 vote
Akil Walker, Agent, Upper Marlboro, MD
Sun Mar 31, 2013
Hi Jerry,

I am going thru this now with a transaction.


Was it inactive treatment or an inactive burough? If there is evidence of termite previously the inspector more then likely was unable to certify i, thus causing for the buyer to make the request for termite treatment and certification. who pays for it depending your contract.

Good luck
0 votes
Bill James, Home Buyer, North H C College, Tomball, TX
Sun Mar 17, 2013
According to the folks at eastside exterminators You do not have to pay and the home owners should pay or take it off the closing price.
0 votes
Inspectorjim, , Woodstown, NJ
Wed Mar 17, 2010
No. It is illegal to treat in most states if there is NO active termites within the dwelling to be treated. I am a consultant and would be glad to further develope this opinion with more information. inspectorjim@live.com
0 votes
Judy Hanrahan…, Agent, Silver Spring, MD
Tue May 13, 2008
Are you referring to the required certificate or that the termite company will warrant their inspection for a year? Did the termite company provide the certificate that states there was no active infestation and that there was evidence of prior treatment? Check the wording in your contract. If it has wording that the house should be "delivered free of termites,.." then that should suffice if the termite company provided the certificate.. If you are referring to a one year warranty, there are some companies (like Terminex and Orkin), WILL NOT give a one year warranty unless they treat the house. Unless your contract states that YOU will give a one year warranty for termites, it is an issue between the buyer and the company they selected. However, many companies will give a certificate and warranty for a year if they find no active infestation whether or not they note prior treatment.. Discuss this with your listing agent and he/she should have a company that will inspect your house and give the certificate, possibly with a one year warranty. The inspection should only cost $50-60. You should not have to pay for treatment unless active infestation or damage was noted or if there is no company that will give a certificate..
0 votes
Rez Kodad, Agent, Naples, FL
Mon Mar 17, 2008
Jerry, word of advice if you would like to make sure you are going to settlement table, call a Treatment company to come and certify your home! As a seller, you have to minimize the buyer’s uncertainty; otherwise, buyers will see it as a huge issue and think this is not for me! Goal is to change their mindset and pay from own pocket. I suggest contact Terminix or Orkin Company for an estimate or certification of clear termite!

Cheers,

Reza Khodadad
Real Estate Consultant
0 votes
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