What can we do if we are under contract and find live termites even though the Sellers Disclosure said the house had termite treatment?

I would check to see if you are still in your option period. You should have received the Sellers Disclosure at the beginning of the transaction. I suggest you get an estimate to see what it would cost to treat the termites. You then have three options: terminate, renegotiate or leave things as they are. Let your realtor be your guide and let your gut help you decide.

1. If you are still within the option period, you could opt out.
2. If your option period has expired, you could terminate with seller's agreement, but you will lose your earnest money.
3. You could hire an attorney after the sale concludes and sue the seller if he determines the seller was deceptive.

Hi Brandom,
You must lean on your realtor for the best advice as he/she will know the situation better than anyone. Besides all other answers provided to you here, about the option period, etc. Keep in mind that you/the seller not only have to treat the house for termites this one time, you will have to establish or maintain a maintenance service plan for life to keep inspection and keep termites away.
Yenny 713-836-8243

If you request the pet treatment and he is refusing you really have two options:
1) Terminate the contract
2) Pay for the termite treatment yourself upon closing
If you really like the house, 2) might be the solution for you, make sure to get several quotes so you have a precise idea of the costs involved and make sure you get a warranty with the termite treatment.

Please ask you Realtor is you are still in your option period on the inspection of the home, and find out from her is the seller has had it treated before and you can pick up his warranty if there is one. And I would call a professional out and have the treatment of the problem by a professional and have a price for the repairs of it. Then your Realtor can help guide you on the cost of the repairs on the issue so it will help you determine the cost of the home.

Thank you
Connie

Hi Brandon. Your inspector found termites. Regardless if they were disclosed or not, you know they are there. Its common that homes that have had past treatments and yet found termites again later. This is why we do these types of inspections on every home purchase in Houston.
A few things to remember. If your in your option period, you could threaten to terminate the contract (and get your earnest money back) if the Seller does not work with you. Make sure you are CLEAR on the time frame of your option period. The Sellers does not have to do any repairs, but you likely have the ability to walk away.
Next, you would remind the Sellers your lender would likely not approve your mortgage with active termites in this home.
Lastly, THEY HAVE TERMITES EATING THEIR HOUSE!!! Any reasonable Seller knows they will need to fix it if you leave so they might as well treat while your still under contract and keep the sale moving forward. You will provide them the inspection report and those Sellers will have to disclose this to future Buyers if they can't work out something with you. Many of those future Buyers will turn away once they hear this situation is going on.
Think about what your paying. Any other issues? A full treatment could cost anywhere from $500-$1000 for a full treatment. Did the Sellers come off their original list price for you? Paying some of your closing cost to help you? Sometimes, its worth it to pay for the repair yourself to keep a good deal going VS walking away and spending more at another home. A lot of variables and your Realtor should guide you. I hope that helps!

Mark McNitt, Bernstein Realty. 832-567-4357

Hi Brandon,

First, I would discuss this situation with your realtor representing you in the transaction as he/she will have the specific information pertaining to the transaction. I do have a few follow up questions based on your explanation (and not being involved in the transaction)::

1) You mentioned signing the contract and receiving the Disclosures after. When you signed the contract, did you check box 1 or 2 in Paragraph 7B? Box 1 states you've received the notice (and accept it) and Box 2 states you have not received the notice, but have X number of days to receive it. If you do NOT receive it in the time specified (and you checked Box 2), you may terminate at any time prior to closing and be refunded EM. However, if Seller DOES deliver, you may still terminate for any reason within 7 days after receiving the Notice (or prior to closing, whichever occurs first) and be refunded EM. Thus, this timeline could actually extend beyond your OP.
2) Are you still within your OP and negotiating repairs? If so (or the above applies), just as the Seller does not have to agree to any repair requests, you do not have to agree to continue with the purchase. Your unrestricted right to terminate is paid for in Paragraph 23. Thus, you may terminate the contract within the number of days specified in Paragraph 23 (for the consideration paid and assuming you delivered and fee was receipted in the 3 day time frame after execution) and receive refund of EM.
3) When were the termites treated previously (the termite inspector should have seen the sticker from the previous treatment)? Maybe it is under warranty?
Just because the Seller acknowledged they once had termites and treated for them, doesn't meant they were aware of active termites at the time of inspection (although it also doesn't mean they didn't know..).

Again, your realtor is going to be your best guide here since he/she

Hope this helps!
Darby Grimmett / KW / darby@darbygrimmett.com / 936-827-9217