It is the responsibility of a homeowner to keep up with their home maintenance, but when it comes to termites, there is often little the homeowner can do. Termite damage is often observed too late, and by then, the damage has been done. So, who is responsible for termite damage and infestation which leads to property damage?
There are a couple of scenarios that you may find yourself in that can result in a different outcome in terms of financial responsibility. For those who have purchased a new home and were not told of termite damage, you may have the legal power to go against the seller. However, there are three things you will need to prove in court in order to obtain compensation or, at the very least, a release from the home contract. One includes showing proof that the termite damage was there before you purchased the home, and the other one includes proving that the seller knew about the infestation. The last one includes the intent to hide the infestation from the buyer.
Negligent Inspection is something that sellers often have to deal with during home deals. This is when the seller knows and understands that there is a termite infestation within the home. They seek the services of a pest control company and are provided with a clean bill of health for the property. In this instance, the seller may not be liable for damages due to a negligent inspection on the part of the pest company.
What homeowners often do after this is brought to light is file a claim against the pest control company for providing a false report. If the ruling goes in your favor, you may be able to receive some sort of compensation for damages caused by the termite infestation.