Expert: John McKenna, CMI - 1/16/2008

Question
We bought a house last November and after moving in found the following problems:
- termite damage to the inside walls of the garage: The seller provided us with a termite letter from Terminix saying that there is no previous infestation and no previous damage or previous treatment to the house is visible.  Now when we wanted to treat the house, Terminix came and did another inspection.  They said there is previous damage to the house ( we don't know the full extent yet) and evidence of previous termite treatment to the house.  Is there anything we can do?  Isn't Terminix responsible for the original negligent inspection?  The previous owners stated in the disclosure that there was no previous damage.  But they were in the house for only 5 years ( 20 year old house) so there is a chance that they didn't know about this damage either.  Also, the transaction was done: seller sold the house to relo company and relocation company sold it to us.  The original owner didn't sign any documents other than the disclosure and the relo made us sign that they don't know anything about the house since they didn't live in it.  So I doubt we can go after the original owners at all.  The previous owners had only a "retreat" contract so there is no point even checking with that company for any previous damage ( we also don't know the name of the company).

As if that wasn't enough, after we moved in we noticed:
- floors in two rooms sloping towards the wall separating them
- uneven floors in another room
- about 14 settling cracks
None of these issues came up on the home inspection for which we paid $500.  The structural engineer who came a few days ago said we will need a support beam under the center wall.  He said the cracks are "normal".  The inspection company made us sign a paper saying that in case of any errors or omissions they are only responsible for the cost of the inspection.  That's very different to what their website says "We carry errors and omissions insurance for your peace of mind and ours".

Is there any way to get the termite company, the inspector or the previous owner to pay for any of the required repairs?

Answer
It sounds like you have some legitimate complaints and you need to contact a qualified attorney ASAP.  Document everything, according to your attorneys instructions before waiting any longer.  It is sad, but sometimes these things happen.  You have rights and I recommend that you find out what your state laws say and seek relief for your damages.

I hope this helps and good luck.

John McKenna, CMI
Certified Master Inspector
American Home Inspection
& Thermal Imaging
http://texas-inspection.com