Cana termite company be liable for the damageto my home?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Cana termite company be liable for the damageto my home?
I purchased my home 3 1/2 years ago. I paid to have a termite inspection done and the home was cleared. Today I found damage on my home that had to be present for at least 10-12 years. Can this termite company be held liable for not identifying the termite problem?
Asked on March 1, 2011 under General Practice, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Whether they are liable depends on the exact facts. For example, you say the damage was present for at least 10- 12 years. If the damage was done prior to the inspection, and when the termite company inspected, they correctly found that ther was no ongoing termite damage and no termites (i.e., they did not miss anything would have caused additional damage after the inspection), then they might not be liable, especially if the old damage you found was in an isolated or difficult to reach area, so that even while taking reasonable care, it was reasonable for them to miss it. To have a chance of establishing liability, it would have to be that they missed pre-existting damage of such type it was unreasonble to miss, or an ongoing infestation that any termite company should have caught. Also, be ware of the statute of limitations, ro time to sue--after 3 1/2 years, the time may have run out or be running out, so if you want to pursue this, speak with an attorney immediately.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.