Anonymous
Anonymous asked in Business & FinanceRenting & Real Estate · 1 month ago

Realtor lied about termites ?

My fiancé and I are buying our first home. It’s an older home(1920) and built in a rural area. It’s super cute and we have entered escrow on it. It was remodeled 15 years ago and our relator who is also representing the seller has been a little wishy washy in one specific area.

When we first looked at the house she quickly mentioned termites and a 2,000 fix. And moved on. We made a note of that and later when before we made an off we brought up the termites. Which is when she said oh no it’s just a little water damage to the crawl space underneath. Fast forward to yesterday when we got the home inspection and are in escrow. They only ordered a basic home inspection and we specifically asked for a pest one along with it. And the general inspector was like yes there are termites and we’ll need another inspection from the pest guy. Which is when i asked why that wasn’t done along with this one. Anyways. I’m not too concerned about the termites because that can be fumigated but we believe we shouldn’t have to pay for the fumigation since they didn’t exactly disclose that before we entered escrow. I’m not sure how to proceed on this or just let it go.

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  • 1 month ago

    It depends on your location--but in MOST areas, it's the buyers responsibility to get a termite inspection BEFORE closing. This is not the seller's responsibility. The seller must disclose ALL DEFECTS they know about--but it's still the buyer's responsibility to get an inspection, both for faults in the structure AND for pests, mine-subsidence, asbestos, radon, etc.   The seller may or may not have known about it. You DID get that inspection, and it came up as positive. NOW what you do is try to get some sort of discount or reduction on the sale price because of it--and you may or may not be able to get that now. 

    You ARE on the hook for the costs of anything until you can get refunded or get a rebate--which you need to do before any money transfers. Otherwise, you'll have to take the seller and the agent to court to recoup anything. 

    Termite inspection is NOT mandatory in all areas--and it's not automatic. An ethical seller will have it done and proof of it provided to any buyer--but they don't have to. It IS up to the buyer to pay for one and get it ordered. Your agent is not a reliable source of information. It takes a professional termite inspection to find out. You can't blame the agent for not disclosing this. And you can only blame the seller if they absolutely KNEW that the house had termites before selling and did not disclose it--which is difficult to prove unless you can find proof that they had the house treated or inspected prior to listing. 

    I think your best bet is to get a price reduction or maybe have the seller recoup you some of the treatment needed at closing.  

  • Scott
    Lv 7
    1 month ago

    Where I live the seller must disclose all known defects. It's not the realtor's responsibility.

  • 1 month ago

    Dual agency means that the buyers need to do twice the due diligence. It's almost impossible to be impartial on both sides and, keep in mind, the realtor only benefits if the sale goes through. They're not incentivized to work in your best interest. Your consumer guide to agency relationships (which you should have signed when this agent became your agent) should have gone over the concept of dual agency in detail.

    At this point, your best bet is to attempt to renegotiate and have the issue resolved. Hopefully you're still within the window where those items can be negotiated (you do have a window in your contract, right?). The seller isn't obligated to fix or pay for those items, but it's possible they'll pay for some/all of the treatment if it means losing the deal. Worst case, you lose your earnest money and walk away because you can't come to an agreement. If that happens, I would recommend terminating your relationship with this dual agent realtor and getting your own buyer's agent to represent you. Buyers don't have to pay their agents (the sellers do) and then you'll have someone who is strictly working in your best interest.

  • 1 month ago

    What does your contract say?  In my area there are two types of purchase contracts.  The residential contract obligates the seller to pay for costs (there may be a limit) to repair anything found in the inspection.  The residential "as is" gives you the right to have the home inspected but doesn't obligate the seller to make the repairs. "Didn't exactly disclose" doesn't mean anything.

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  • Maxi
    Lv 7
    1 month ago

    Suggest you don't purchase that house, suggest you get a realtor who is not working for buyer and seller as that is a conflict of interest and unprofessional and suggest YOU organise and  get a professional inspection done on any future 'cute house' so you get to know before you buy the reality of the structure, do not rely on other people to organise someone........ what some 'realtor' says or not is beside the point they are only interested in getting their commission

  • 1 month ago

    So now you back out if you want to, or you negotiate the seller to do the fumigation or a reduction in price to account for the fumigation costs.

  • Anonymous
    1 month ago

    I suggest you look, for another home. I am also looking, for a home to buy as well. I saw homes that are not in good enough shape to be on the market. If I do find one that I like then I will be inspecting it, and depending on what I choose to buy then maybe I might get a second opinion after I take a look at the home.

    Homes that have major problems would require changes to be made, and this could be costly, but if it's minor problems then it won't cost as much to fix it, and if a home doesn't have any problems then it won't cost anything to fix it. Because there would be nothing to fix!

  • Anonymous
    1 month ago

    She did mention it pay the money or get out the home

  • Anonymous
    1 month ago

    The realtor did not lie about there being termites.  You admitted that she mentioned it.  Further, did you bother reading the disclosure?  Were termites listed on the disclosure?  If they were and it was answered "no", there were no termites, then your issue is with the seller, not the realtor.  Further, it is YOUR responsibility to hire an inspection, nobody else's.  If you hired the realtor to hire one and you failed to ask for the inspection report concerning pests, then whose fault is that?  If you did not get one, then you know very well that there was no pest inspection.  Quit blaming everybody else for your choices.

  • 1 month ago

    maybe you shouldnt buy the house then

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