Court awards $150,000 in Fees in Termite Damage Case

The Circuit Court for Anne Arundel County awarded a record of $156,718 in attorney’s fees and expenses after Whitney, LLP’s clients prevailed at trial on a claim based on the Maryland Consumer Protection Act (“MCPA”).  The award arose from a $1,068,750 judgment entered on November 18, 2019 against a pest control company which had performed a Wood Destroying Insect (“WDI”) inspection on a home in Glen Burnie, Maryland in connection with the sale of the home to Whitney, LLP’s clients.  The WDI inspection report deceptively failed to disclose visible evidence of termites, prior treatment or evidence of termite damage.  Plaintiffs relied upon the negative WDI inspection report, and went forward to closing on their new home.  Yet, literally on the day they moved into their new home, they encountered multitudes of termite swarmers coming out of the foyer woodwork.  Massive termite damage was thereafter uncovered by an experienced termite damage repair contractor.

The MCPA authorizes a Court to award attorney’s fees and expenses for a verdict premised on a defendant’s false representation or failure to state a material fact which misleads or deceives a consumer, including a homebuyer.

This is believed to be Maryland’s largest ever award of attorney’s fees against a pest control company based on Maryland’s Consumer Protection Act.

Lawyers for Termite Damage in a New Home

Homebuyers who move into a new home and discover termite damage have significant legal rights.  They may have claims arising out of negligence, negligent misrepresentation, and fraud, and the responsible parties may include the seller, the seller’s real estate agent and brokerage, their own real estate agent, and the pest control company that performed the pre-sale WDI/termite inspection. Whitney, LLP’s termite damage attorneys seek to recover a wide range of compensation for our clients, including termite damage repair costs, economic damages, emotional distress, and punitive damages.

We provide Legal Consultations in real estate and termite damage cases. Use our online Quick Contact Form, or call us at 410 583 8000 to discuss your potential claim.