Does a Seller Have the Responsibility to Disclose Termites?

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Many homeowners who decide to sell do so without the help of a real estate professional. It is common to find “For Sale by Owner” homes on the market. However, selling a home without IMG 5819 1 1024x768 - Does a Seller Have the Responsibility to Disclose Termites?the help of a real estate agent does not allow a seller to plead ignorance when it comes to regulations governing the selling of a home in Maryland. When putting a home on the market, it is the responsibility of the seller to disclose any known issues with the property, including the presence of termites and termite damage. A seller who does not disclose a termite infestation can be held liable. Whether the seller had a real estate agent, or not, does not change their responsibility to disclose termite damage.

You Have Legal Rights if the Home You Purchased Has Termites

If you recently purchased a home in Maryland and have found evidence of a termite infestation, you have legal rights and can get help. These wood destroying insects can destroy the wood structures in your home and leave you with costly termite damage repair bills. Some people knowingly sell homes with termite infestations without informing buyers because they have no intention of paying a termite damage contractor to make repairs. Some sellers may think that selling a home “as is” will let them off the hook. That is incorrect.

Whether the seller completes a property disclosure form or a disclaimer to sell a house “as is,” if termites are present, the seller is required to disclose that information to a buyer. Termite damage is a latent defect and must always be disclosed. The termite lawyers at Whitney, LLP can determine who is at fault if you purchased a home that needs termite damage repair. We offer legal consultations.

In 2019, we were able to win a $1,068,000 termite damage verdict against a fraudulent and negligent termite inspection company. We have sued real estate agents, house flippers, and others who failed to disclose termite issues to buyers. WBAL’s Barry Simms featured one of our cases in an investigative report.

Maryland Lawyer For Latent Defect Termite Claims

Not having a real estate agent to handle the sale cannot be used as a seller’s excuse for failing to tell a home buyer about termites. Termites are considered a “latent defect” in Maryland laws that govern the sale of houses. A latent defect is a problem that you cannot see but could reasonably be expected to cause your home to be unsafe. Termites may not be visible to you, but when they damage floor joists and load-bearing beams, those structures become weak and dangerous.

At Whitney, LLP, our attorneys can help you get the compensation necessary to pay a reputable termite damage contractor to assess the problem and do the termite damage repair correctly. We have experience holding the wrongful party responsible for the termite damage in your home. You can schedule a legal consultation with a termite lawyer at Whitney, LLP. Contact us online or call Whitney, LLP at 410-583-8000.


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