You are here:

Buying or Selling a Home/Termite damage - sellers responsibility

Advertisement

Expert: - 2/16/2010


Question
I am in the process of selling my parents condo.  We had a termite inspector look at the property.  Termite damage was found in two places.  It is my opinion to fix the damage properly.  My brother, on the other hand, does not feel it is our (the seller) responsibility to fix it properly.  He wants to fix it by hiding the problem as cheaply as possible.  I want to fix it right.  My brother argues with me that it is the buyers responsibility to prove any damage.  Our relator has told me in Calif. it is the sellers responsibility to find and fix any termite damage and provide proof.  Am I right or is my brother?  If we fix it the right way, there would be no way for it to come back to haunt us.  Please advise...who is right...my brother or me?

Answer
Hey, Carol.

If you're in California, listen to your Realtor. To do as your brother wants to do is considered misrepresentation and fraud. If you get taken to court for something like that, there can be not only financial penalties, but criminal penalties, too, including jail or prison time. There could also be punitive damages to the tune of millions of dollars. It's just not worth it.

Several decades ago buying a home was "buyer beware." Such is not the case anymore, especially in California which has some of the most extensive disclosure laws.

Send your brother out for some good Mexican food and a margarita while you have the termite company do proper repairs.

Hope that helps.

Russel

Buying or Selling a Home

All Answers

Answers by Expert:

Ask Experts

Volunteer

Russel Ray

Expertise

Through home inspections, I provide an education about real estate. I'm one of those rare home inspectors who has been involved in real estate in many different capacities: as a Realtor (in Texas), as a property investor/flipper, as a teacher, and as a marketing expert (for Realtors and home inspectors). I believe that my experience as a Realtor and property investor provides me with a different viewpoint about home inspections in that I work for my Clients, but when there are other people involved in helping my Clients, then I firmly believe in helping them, too. That includes Realtors (both the seller's and the buyer's), repair professionals (e.g., plumbers, electricians, etc.). If I can get all the players (seller, seller's Realtor, buyer, buyer's Realtor, and repair professionals) playing in the same sandbox together to accomplish goals as a TEAM (Together Everyone Accomplishes More), then I believe I have succeeded in my job as a home inspector. My profession is, in my opinion, much more than simply documenting the condition of a property and then take the money and run. I am also a rare breed in that I don't believe that one inspection fits the needs of all Clients, and I have led the industry in understanding that fact. For example, the goals of a property investor are far different than the goals of someone buying a property to live in. The goals of a seller (a pre-listing inspection) are far different than the goals of a buyer (a pre-purchase inspection). To that end, I offer 14 different types of inspections, e.g., STANDARD, LIST, RENTER, BASIC, MAINTENANCE, SPOT, and more. I believe in giving the benefit of the doubt to all professionals in whatever industry they represent until they prove me wrong.

Experience

Over 42 years in all aspects of real estate--building homes, renovating homes, inspecting homes, Realtor.

Organizations
National Association of Certified Home Inspector, Better Business Bureau of San Diego

Education/Credentials
Graduate of Texas A&M University; College Station, Texas

©2012 About.com, a part of The New York Times Company. All rights reserved.