California Pest Infestation After Close of Escrow?

[mdotson]

California Property

Close of escrow on September 21, 2000. Termite inspection performed by Seller's Pest Control Contractor on August 21, 2000. Seller never occupied dwelling. Seller owned property for only two months prior to close of escrow. Licensed California Pest Control Inspector provided Seller and Buyer clear Pest Control Certificate. Buyer and Seller accepted certificate as a condition of sale. Buyer has now discovered November 24, 2000 significant termite infestation in interior of house. Home Owner's Policy does not cover termite infestation. What legal remedy does Buyer have? Can Seller or Pest Control Company be held responsible for damages to property?

 

[HomeGuru]

The licensed pest control company may be liable. Did this compnay only do a termite clearance inspection or did they also do a structural inspection? Did you have a home inspection completed and would such an inspection discover any damage? Would a complete and diligent termite inspection have uncovered the damage? If so then the termite comany has liability?
Sounds like the Seller flipped the property in which case your attorney would need to review the documents from that transaction namely the termite and home inspection report and the Seller disclosure statement. If any of these documents indicate a termite problem, then your Seller will be guilty of misrepresentation and nondisclosure of a material fact. The Seller will not be able to use and hide behind the absentee owner and/or new owner status or an as-is sale scenario as a defense due to failure to disclose.