Stephanie Leon  | Miami Lakes Realtor®, Turning For Sale Into SOLD!  (Realty Empire Incorporated)

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Rainmaker
511,112
Martin Kalisker
Greater Boston Association of REALTORS - Boston, MA
Professional Standards & Legal Assistant

Could be carpenter ants, not termites. Different type of destruction, but they come out when it's warm. Get a pest inspector over to examine the material and consult the attorneys and title company. They may be able to do a hold back from seller funds to remediate, or if damage is extensive and was known and not disclosed by sellers, contract may be voidable.

Apr 18, 2015 02:15 PM
Rainmaker
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Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

I want to look at the termite rpt first. If it is not cleared title company will demand a clearance rpt. The lender will not grant loan. How did it get messed up so badly? Cash offer?

Apr 18, 2015 11:36 AM
Rainmaker
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Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Treat the house.

Oct 10, 2018 06:01 AM
Rainmaker
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Ajay Pandya
e-Merge Real Estate - Columbus, OH
Realtor Ajay Pandya

Get the termite inspection done.

Apr 23, 2018 10:08 PM
Rainmaker
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Troy Erickson AZ Realtor (602) 295-6807
Good Company Real Estate www.ChandlerRealEstate.weebly.com - Chandler, AZ
Your Chandler, Ahwatukee, and East Valley Realtor

Stephanie - I would absolutely get a pest professional out there to see whether it is termites or something else. In our contract, it is the seller's responsibility to have the home in the same condition as when the offer was accepted at closing, so I would play that card. If the treatment can happen same day, then it would still be possible to close on schedule, and the monies may be able to be taken out of escrow at closing (by the seller) to pay the pest company.

Apr 19, 2015 03:16 PM
Rainmaker
984,208
Kevin J. May
Florida Supreme Realty - Hobe Sound, FL
Serving the Treasure & Paradise Coasts of Florida

Unfortunately, it's spring and swarms happen, This does not nercessarily mean that there's an active infestastion though Stephanie Leon | Miami Lakes Realtor®. Check the certification for further detail and how to remedy?

Apr 19, 2015 01:35 AM
Rainmaker
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Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

It is best to get legal advice. 

Apr 18, 2015 10:35 PM
Rainmaker
339,713
Brenda J. Andrew
ULTIMA REAL ESTATE - Corpus Christi, TX
Professional Realtor in Corpus Christi, TX

I would call the inspector back out that did the termite inspection and find out what it is.  If it is a wood destroying insect, I would see about negotiating it out with the sellers.  I am not sure who would be at fault here but worse case scenario, I would make the deal happen-unless the buyer changed their mind- even if you and the listing agent have to take care of it.  Also if there was an issue and there was a loan being made on the property, the lender may not move forward without the issue being resolved.  You could also play that card with the seller.

Apr 18, 2015 09:36 PM
Rainmaker
773,200
Bruce Walter
Keller Williams Realty Lafayette/West Lafayette, Indiana - West Lafayette, IN

If you have the buyer you would have a good shot at it being repaired at the sellers expense if your home inspector could show that this was a new infestation since the time of the inspection.  The house must be in the condition at the time of the offer being accepted and if the seller did not disclose there were termites this must be a new infestation and according to our contract the seller would have to make it right.  It is worth a shot.  They could also be flying ants as they look like termites.  Only an expert would know.

Apr 18, 2015 08:31 PM
Rainmaker
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Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

Hi Stephanie -- how does your purchase contract address such issues?   

Apr 18, 2015 06:49 PM
Rainer
187,585
Sharon Altier, SFR
Lawton Realty Group, Inc. - Elmhurst, IL

Contact attorney and advise, as well as Seller and ask for immediate remediation with extermination contract, at Seller's expense.  You may want to make sure buyer is comfortable with this.  Closing may have to be delayed.

Apr 18, 2015 01:23 PM
Rainmaker
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Evelyn Johnston
Friends & Neighbors Real Estate - Elkhart, IN
The People You Know, Like and Trust!

Termites fly in.  It happens in the blink of an eye.  Quickly get someone out there to take care of it and close.

Apr 18, 2015 12:09 PM
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Debbie Reynolds
Platinum Properties - Clarksville, TN
Your Dedicated Clarksville TN Real Estate Agent

Generally if they show up before closing it falls to the seller to treat and make it right. I would be calling the termite inspection people to see what they are going to do about it.

Apr 18, 2015 11:46 AM
Rainmaker
730,665
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

Are you sure they are termites, and not carpenter ants or some other insect?

 Termites return to the ground every day and travel back and forth in termite tubes.

Apr 18, 2015 09:03 AM
Rainmaker
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Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Simply follow the terms of the contract. The agent that failed to comply with the timeline should step up with the cost to cure.

Apr 18, 2015 08:27 AM
Rainmaker
305,739
Cindy Davis
SD Home Source Realty - San Diego, CA

You didn't say which side of the fence you are on...Either way, the optimal solution is for the agents to talk and try to come up with a solution.

Apr 18, 2015 07:53 AM
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Noah Seidenberg
Coldwell Banker - Evanston, IL
Chicagoland and Suburbs (800) 858-7917

Call Terminex or a similar company.

Apr 18, 2015 07:49 AM