We are selling a home in Medford new jersey. The termite inspector hired by the buyer found no evidence of

Asked by Laurie, New Jersey Fri Jun 27, 2008

infestation or damage to the structure of the house but found evidence of termites 2 feet from the structure in one small section of the property. The buyers did not ask us to do any termite treatment in their repair request but the Managing Broker of the agency we used to list our house said he would like us to get the house treated and bonded/certified. What right does he have to ask us to do anything? Our listing agent suggested he is trying to protect his office from liability. This seems very unethical to us. Anyone know whats going on here?

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Ginny Don, Agent, Medford, NJ
Wed Dec 29, 2010
In my opinion the termite company should have told you at the time of inspection that your home needed to be treated. If termites are found within 5' of the home, shed, or garage the whole house needs to be treated. There is a reason for this. Once the termites are present that close to the structure they will eventually move to any exposed wood and infest the home. It shouldn';t have been left to the broker to play bad guy and your agent should have explained that to you. You also could call any reputable termite company for an explanation, as it is an industry standard to treat for this situation. The broker wasn't looking to limit his liability as much as he was looking at doing the right thing for the new buyer. Would you want to buy a home where termites were 2' from the home?
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Jeremy S. Hi…, , Cherry Hill, NJ
Fri Jun 27, 2008
For starters termite inspectors get paid $65-$75 for an pest inspection. Their job is to find something and recommend a treatment. Even if termites are not found, but they do find mud tubes, dead body parts they will recommend a treatment if the home has not been previously treated. Remember termites live underground so even if they cannot be seen it is possible that they are in an area in the home where it cannot be accessed. (Disclaimer I am not an attorney and any advice given is based on my sole opinion and experience as a real estate agent) What is being suggested does not seem unethically. You may want to have your own independent inspection with a report. If the buyer is getting a mortgage then the mortgage company will require a clean termite certification for their underwriting purposes. If the buyer has not requested a treatment now it will likely come up later. - Check your agreement of sale as well. In standard Burlington County residential contracts there is a section that specifically deals with termite inspections and a ceiling that you will pay for a treament and repairs if necessary. While not a standard customarily the number is around $1500 in this area.

Best Regards,

Jeremy S. Hill, Realtor
Keller Williams Realty
1814 Route 70 East
Cherry Hill, NJ 08003
Office: 856.685.1651
Fax: 856.321.1414
Direct: 609.876.5817
"Your Interest 1st Always!"
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Jeanne Feeni…, Agent, Basking Ridge, NJ
Fri Jun 27, 2008
Hi Laurie, I would talk with your attorney. I believe that the dialogue on inspection issues is between seller and buyer. The buyer has the right to ask, the seller has the right to respond. Sounds like you are on the right track.

Good luck to you!

Jeannie Feenick
Weichert Realtors
http http://:www.feenick.com
Web Reference:  http://www.feenick.com
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