Non detection of termites with Pre-inspection?

Question by johnoa_74: Non detection of termites with Pre-inspection?

We recently bought our first home, Sydney NSW. During the cooling off period we had a pest & building inspection carried out. The report came back ok especially in relation to any pests on property, such as termites. There is a detached garage, it turns out when we moved in we found some rotted wood on the external to garage. We had another pest company come in who advised that it was termite activity and they had been in garage for approx. 2years. He stated that it should have been found in pre-inspection as it was so obvious. So my question is, what do I do about it. Do I sue the previous inspection company or not? And if so,who is liable, as owners would have known, the real estate would have known, yet know one disclosed it. Or do I just let it go?

Best answer:

Answer by PretzelMom:

Read your contract with the inspection company, and then seek legal counsel if you see fit. Find an attorney experienced in real estate law.

5 thoughts on “Non detection of termites with Pre-inspection?

  1. Normally there is a clause in the inspectors ‘fine print’ thats covers them. It will be along the lines that ‘no activity found at THE TIME’ of inspection. The argument would then be that they were not there at the time, and that termites came in afterwards.
    (How can they pick 2 years? Termites move exceptionally fast)
    Was the inspector licensed to carried out a pre purchase inspection or were they just spider and cockroach killers?
    If they were licenced then they will have a) professional indemnity insurance and b) registration with the BSA. The BSA (building services of Australia) would be the place to make any reports to.
    Usually an owner is not aware of active termites until it is too late. The real estate agent would certainly not have known. If he did, it is a requirement under the Property Agent and Motor Dealers act as a ‘Duty of Dislusure’ to notify you of anything that may affect your judgement in buying the property.
    First step… contact the original inspector. Then contact the BSA
    Good luck!

  2. If on the first inspection there were no visible signs of termites you can’t go back on anybody because inspectors can not open up your walls.

  3. Go back to the original company and see how they will treat you and if they will repair the cost…at no cost to you. If not, plan B —->
    Seek legal council and go after any and all who have a fiduciary responsibility to know about them, warn you about it and fix it. I do not know the laws in your country so you are on your own.
    Happy happy joy joys of home ownership!

  4. I know nothing about Australia laws and codes. I do know that an inspector who does not find hidden termite damage is pretty crappy. If they will not stand by their work I would spend some time in front of their place of business with a sign advertising their quality of work.

  5. So you were ok with the rotten wood as long as the termites were not there????? either way it’s got to go. you should sue them . to make them take out the termites and leave the rotten wood. then you could replace the wood. did the new company bring you some termites to show you? why not. just for your info . next time you find rotted wood you don’t have to call anyone to see if its termites. just get a screw driver and dig into the wood to see them crawling around. You should call the first company back out and see what their explanation is. cant believe anybody these days. especially someone trying to sell you something . go look at the termites yourself.

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