Email Invalid said on 3/20/2004 3:51 PM:

az-willie wrote in message news:iD_6c.16$lf.13@okepread05...



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Not sure about Arizona real estate law but the revelation of termites
CAN be grounds to void the contract. Usually the seller has a termite
inspection before going on the market. If they sold you the home WITHOUT
revealing the termites you can probably void the contract.



According to my real estate agent and my understanding of the
contract, I would be within my rights to withdraw from the contract
and obtain my earnest money back. The loss from doing so would be time
and the cost of the home inspections ($290 total for separate home and
termite inspections).

The question, though, is should I start looking for a another home or
should I still buy the home but have the seller pay for full treatment
(which actually he is required to do as the contract stipulates). If
there is any "advantage" to speak of, it is that if I choose to go
forward I can get termite treatment for free.

There is of course better peace of mind in buying a home where the
report shows no current termite activity. OTOH, I could easily buy a
home where the termite inspection is clean and termites could still
show up later on anyway and then I'd be the one to have to pay for it.

If the current termite activity and more importantly damage is minimal
and if this problem is somewhat inevitable, then there really is not
much reason not to move forward, I guess???


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Probably the biggest question is how much damage there is and the extent
of the termite infestation.

If infestation is minimal and no known damage and the owner will pay
for full termite treatment it isn't necessarily a deal breaker.

I would try to get the owner to pay for the Terminix program or one
similar to it where stations are installed around the perimeter of the
house.

As far as I know, Terminix is the only one that guarantees to pay for
the damage. All other termite programs only retreat if termites are
found, they don't pay for the damage when their program fails.