Whitney, LLP represents homeowners against negligent and fraudulent termite home inspection companies who cause our clients to incur thousands of dollars repairing property damage caused by termite infestations that were not detected, not properly treated, or sometimes, not treated at all. We also represent our clients in cases against sellers of homes who fail to disclose termite infestations to buyers. Many pest control companies are negligent in how they perform termite inspections and treatment, and unfortunately there are sellers of homes who fail to disclose termite damage to potential buyers even when they are required to disclose it as required by law. Many new homeowners have serious problems that arise out of termite damage that has not been disclosed, gone undetected or is not treated properly.
Termites annually cause millions of dollars in damages to homes, condominiums and image1 (2)other structures across the country, including Maryland and surrounding states. There are several types of termite damage claims that homeowners can be faced with after a termite infestation damages a home. Termite damage is concealed by the seller of real estate from the unsuspecting buyer, or the termite damage may not be detected by the termite inspection company such as Terminix, Orkin, or other termite pest control company. Another typical scenario is termite damage resulting from ineffective professional treatment by a termite inspection and treatment company such as Orkin or Terminix. Homeowners can also be faced with the problem of their property insurance company denying a claim for termite damage.
Termite-related damage can include structural damage, and can be extremely costly to remediate and repair. In the face of large repair estimates, a termite damaged property, and potentially dealing with negligent termite inspection and treatment companies, the question for termite damaged homeowners to consider is whether you have a legal remedy, and if so, how to move forward to exercise your legal rights and recover compensation.
Whitney, LLP provides successful legal advice and representation to homeowners who face these legal issues. Termite settlements, arbitration awards and jury verdicts for termite damage can range from five to six figures, and in some cases, repair costs, such as to termite damaged condominiums, are in the millions. Whitney, LLP is available to review your contracts and investigate the facts to determine legal liability. Although termite pest control companies often have contracts that seek to limit damages and suppress your right to a jury trial, we are experienced in analyzing and applying legal countermeasures to restore the rights of victims to full compensation.
Termite Latent Defect Claims Against Sellers of Real Estate
Maryland law imposes a duty on sellers of real estate to disclose latent defects. The presence of termites in a home is a latent defect. If a seller conceals termite damage, or an active termite infestation, the buyer may have various remedies available, including a cause of action for fraud, negligent misrepresentation and violation of Maryland’s Consumer Protection Act. Maryland requires latent defect disclosure forms to be used by sellers of residential real estate. Maryland sellers must disclose the presence of termites using either the Maryland Residential Property Disclosure Statement, or the Maryland Residential Property Disclosure Statement. When a seller of real estate knows about the presence of termites in their home, but fails to disclose it to an unsuspecting buyer, the buyer has significant legal remedies against the deceptive seller.
Termite Home and Property Damage Repair Claims Attorney
If the owner of real estate sustains termite damage as a result of the acts or omissions of a termite pest control or termite inspection company, and such conduct falls below minimal standards of professional conduct, then a legal remedy may be available to recoup damages. Orkin and Terminix are two national companies who provide termite inspections to homeowners. Both Orkin and Terminix have repeatedly been sued by homeowners for termite damage repair claims brought by homeowners. Claims against extermination and pest control companies arise when these termite inspection companies either fail to detect the presence of termites in a home, or fail to properly treat existing termite infestations in a home. When either situation occurs, the result is the same: the termite infestation worsens in the home, causing structural weakness and damage to the property, and eventually causing the home to be in an unlivable state that can cost hundreds of thousands of dollars to repair. When a termite infestation is allowed to exist and grow due to the negligence of a termite inspection or termite treatment property, the negligent company can be held legally responsible for the termite damage they caused to the home.
In some cases, termite inspection companies have purposefully failed to perform inspections, or purposefully failed to do thorough inspections. When this happens, the homeowner who purchased the termite inspection service has been cheated and defrauded. In these instances, the homeowner may have a claim of fraud against the deceptive termite inspection company, which gives rise to claims for both punitive and compensatory damage claims against the termite inspection and treatment company.
Making Termite Property Insurance Claims for Termite Damaged Homes
Owners of termite damaged homes may be insured against termite damage that occurs to their home. To make that determination, a property insurance claim must be submitted in a timely manner. Due to the extensive and sometimes potentially confusing language of property insurance policies, it may be difficult for a homeowner to determine whether or not their policy covers termite damage repair claims. Although a property insurance company may initially deny the claim, with legal representation and a full analysis of the surrounding issues and policy language, the coverage decision may change for the benefit of the homeowner. Whitney, LLP’s termite damage lawyers can provide legal representation to determine whether or not termite damage claims are covered by a homeowner’s property insurance policy.
Compensation and Legal Rights for Termite Damage Victims
Whitney, LLP is available to review your termite company contracts, homeowner’s property insurance policies and investigate the facts to determine legal liability. Although termite pest control companies often have contracts that seek to limit damages and suppress your right to a jury trial, we are experienced in analyzing and applying legal countermeasures to restore the rights of victims to full compensation.
Whitney, LLP handles termite damage repair claims for homeowners throughout Maryland, including in Baltimore, Columbia, Annapolis, Germantown, Silver Spring, Waldorf, Upper Marlboro, Glen Burnie, Ellicott City and Frederick. Unless an alternative arrangement is agreed to between the client and Whitney, LLP, we cover all case expenses and never ask our clients to pay for any expenses or fees out of pocket. Our attorney’s fees are paid only out of recoveries we obtain for our clients.