Moving into a new home is a dream for many Mobile residents. It can take years for a family to save enough money to close on a property and begin the process of settling into their new residence. Often the move into a new home is filled with happy experiences that will turn into cherished memories. Unfortunately, some new homeowners discover undisclosed problems that impact the safety of their new residences.
This post does not provide legal advice and suggests that individuals who discover termites and termite damage in their homes contact attorneys who work in this field of law. The general information contained herein may be reviewed by individuals who want to begin learning about their options for seeking damages through termite litigation.
Discovery of termite damage
In Alabama, sellers of residential properties may be required by contract to disclose certain known defects in their homes that may influence their desirability to potential buyers. Termite infestations and termite damage are generally defects that may be required by contract to be disclosed in a Seller’s disclosure statement. These Seller’s Disclosure statements are not required by law prior to the sale of real property, but are often used by Real Estate Agents.
If you are the buyer, always insist in the purchase agreement that the Seller provide a Seller’s disclosure statement. When a seller fails to disclose known current or previous damage, a buyer may have options to sue the seller for their damages. Insurance policies do not cover termite damage, and therefore a buyer’s best chance of recouping their losses may be through litigation directed toward their seller.
Litigation is a tricky process. Not many aggrieved homeowners want to take on termite litigation on their own. They can contact trusted attorneys with experience in the field for counsel, representation, and support.
Termite letters and bonds
When you buy a home, insist on a Wood Infestation Inspection Report being issued by the Seller. These documents are sometimes loosely referred to as Termite letters. In these officially authorized reports, Termite companies are required to report all visible and accessible evidence of a current or previous termite infestation, as well as other evidence of wood destroying organisms that may not be covered under the Termite Bond. When termite companies fail to report visible and accessible evidence of a prior or active infestation, injured parties who were lured into purchasing a home based on a belief that the home was free of termites may have grounds for damages.
A knowledgeable termite litigation attorney can advise their client of how to protect their rights. Termite litigation cases can differ, and it is important that individuals seek specific counsel to understand their legal needs.
