Who pays for termite damage after a home sale?

Allen Ritchie • December 31, 2021

Alabama has subterranean termites that can avoid detection for quite awhile. If you recently purchased a home, it’s not uncommon to discover termite damage that you didn’t notice when you first inspected the home. Depending on what’s written in your contract, the seller may be liable for termite treatment.

Did you buy your home as-is?

If you got a great deal on a home by purchasing it “as-is,” you will be responsible for termite treatment and prevention costs. You will also be responsible for the cost of remodeling the parts of your home that incurred damage. Unfortunately, an as-is sale lets the seller off the hook for any undisclosed problems.

Check your contract

If you didn’t purchase your home as-is, you may be able to claim some damages from the seller. Typically, the seller must pay for the cost of termite treatment if they didn’t let the buyer know about a termite infestation. The cost of termite prevention, however, is the responsibility of the buyer.

Since termites are so common in Alabama, many home purchase contracts specifically mention them. You should check your contract to see whether has a termite damage clause. Even if the home was not sold as-is, there may be a provision in the contract that places responsibility for pest damage on the buyer.

Disclosure agreements and inspections

Homebuyers should always read through the entire contract and any disclosure agreements before signing paperwork to purchase a home. If there is a disclosure about termites or the home is being sold as-is, it is especially important to have a termite expert perform an inspection.

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