Will try to keep it short.

purchased a house in Mar 1999. House built in 1988. Discovered
termites in July 2003 in our attached garage. Upon inspection,
realized house had been previously treated for termites in the garage.
Called previous owners, they said it was treated in March of 1997. I
called the company that treated it in 1997 and asked them to come out
to give me a price on treating. They said they show no record of
treating this house, but since it had been treated (you can see the
drill holes in the concrete floor and in the bricks around the house),
they would give me a reduced rate of $1542 to treat. Standard rate
was about $2100. The inspector told me about the holes in the bricks,
I had never noticed them. He commented that they were drilled too
high up the wall.

Tonight, I removed the paneling from the garage walls and discovered
extensive termite damage. Most of the studs have some damage, several
with termite damage all the way up to the ceiling. I have a bonus
room over the garage so I am concerened about the structural integrity
of the house.

The pest control company says they did not treat the house, the
previous owners have a copy of the renewal bill in 1998, the year
after treating. I realize it has been 6 years since treatment, but
this infestation has been going on for years.

Also, one important point, I used this company in 1999 to do the
termite inspection when I bought the house. They checked the box "No
visible evidence of infestation from wood-destroying insects was
observed."
The instruction on the sheet (Official North Carolina Wood-Destroying
Insect Information Report) states
"If there is a evidence of a previous or an active infestation of
subterranean termites and/or other wood-destroying insects in the
wooden members, it must be assumed that there is some damage to the
wooden members caused by this infestation, no matter how slight. If
this is the case, the structural integrity of this property should be
evaluated by a qualified building expert. (For the purpose of
completing the report, "infestation" means evidence of past or present
activity by a wood-destroying insect visible in, on, or under a
structure, or in or on debris under the structure.)"

Shouldn't the presence of drill holes in the concrete and the bricks
have been evidence of previous treatment?
If not, since they are the company that treated 2 years before this
inspection, shouldn't that be evidence of infestation. They
obviously knew about the infestation when they treated the house. I
think since they treated the house for termites 2 years before this
inspection, they should have checked the box stating "Visible evidence
of a previously treated infestation, which now appears to be
inactive"? This is assuming it was under control which clearly it
was not.

Also, isn't the previous owners bound by law to disclose the previous
problem with termites?

Any suggestions or advice will be greatly appreciated.

Todd wrote in message
om...
purchased a house in Mar 1999. House built in 1988. Discovered
termites in July 2003 in our attached garage. Upon inspection,
realized house had been previously treated for termites in the garage.
Called previous owners, they said it was treated in March of 1997. I
called the company that treated it in 1997 and asked them to come out
to give me a price on treating. They said they show no record of
treating this house, but since it had been treated (you can see the
drill holes in the concrete floor and in the bricks around the house),
they would give me a reduced rate of $1542 to treat. Standard rate
was about $2100. The inspector told me about the holes in the bricks,
I had never noticed them. He commented that they were drilled too
high up the wall.

Tonight, I removed the paneling from the garage walls and discovered
extensive termite damage. Most of the studs have some damage, several
with termite damage all the way up to the ceiling. I have a bonus
room over the garage so I am concerened about the structural integrity
of the house.

The pest control company says they did not treat the house, the
previous owners have a copy of the renewal bill in 1998, the year
after treating. I realize it has been 6 years since treatment, but
this infestation has been going on for years.

Also, one important point, I used this company in 1999 to do the
termite inspection when I bought the house. They checked the box "No
visible evidence of infestation from wood-destroying insects was
observed."
The instruction on the sheet (Official North Carolina Wood-Destroying
Insect Information Report) states
"If there is a evidence of a previous or an active infestation of
subterranean termites and/or other wood-destroying insects in the
wooden members, it must be assumed that there is some damage to the
wooden members caused by this infestation, no matter how slight. If
this is the case, the structural integrity of this property should be
evaluated by a qualified building expert. (For the purpose of
completing the report, "infestation" means evidence of past or present
activity by a wood-destroying insect visible in, on, or under a
structure, or in or on debris under the structure.)"

Shouldn't the presence of drill holes in the concrete and the bricks
have been evidence of previous treatment?
If not, since they are the company that treated 2 years before this
inspection, shouldn't that be evidence of infestation. They
obviously knew about the infestation when they treated the house. I
think since they treated the house for termites 2 years before this
inspection, they should have checked the box stating "Visible evidence
of a previously treated infestation, which now appears to be
inactive"? This is assuming it was under control which clearly it
was not.

Also, isn't the previous owners bound by law to disclose the previous
problem with termites?

Seller disclosure and pest control are matters of state law. (see below)

What I find strange is that you got a clean report. Pest control companies
usually do what they can to show a need for their services.

I'm guessing here, but state law may require them to warrant their work for
a period longer than that which spanned between the treatment and your
pre-sale inspection. The other possibility is that they did not do the job
properly. So, they may have tried to fly under the radar but surprise, you
called the previous owner.

Why would they offer a discount? Sounds like they hope you'll bite and keep
the cover-up going while making even more money.

BTW, the key here is not the time between the treatment and now, but between
the treatment and your pre-sale inspection, then, the inspection and now.

I did a quick search for you.

NC Department of Agriculture & Consumer Services, Structural Pest Control
Division: http://www.ncagr.com/str-pest/index.htm
NC RE Commission: http://www.ncrec.state.nc.us/default.asp

Did the previous owner use Terminix? Several state Attorneys
General have strong opinions about that company; google on
Terminix attorney general.

"JD" wrote in message . com...
Todd wrote in message
om...
purchased a house in Mar 1999. House built in 1988. Discovered
termites in July 2003 in our attached garage. Upon inspection,
realized house had been previously treated for termites in the garage.
Called previous owners, they said it was treated in March of 1997. I
called the company that treated it in 1997 and asked them to come out
to give me a price on treating. They said they show no record of
treating this house, but since it had been treated (you can see the
drill holes in the concrete floor and in the bricks around the house),
they would give me a reduced rate of $1542 to treat. Standard rate
was about $2100. The inspector told me about the holes in the bricks,
I had never noticed them. He commented that they were drilled too
high up the wall.

Tonight, I removed the paneling from the garage walls and discovered
extensive termite damage. Most of the studs have some damage, several
with termite damage all the way up to the ceiling. I have a bonus
room over the garage so I am concerened about the structural integrity
of the house.

The pest control company says they did not treat the house, the
previous owners have a copy of the renewal bill in 1998, the year
after treating. I realize it has been 6 years since treatment, but
this infestation has been going on for years.

Also, one important point, I used this company in 1999 to do the
termite inspection when I bought the house. They checked the box "No
visible evidence of infestation from wood-destroying insects was
observed."
The instruction on the sheet (Official North Carolina Wood-Destroying
Insect Information Report) states
"If there is a evidence of a previous or an active infestation of
subterranean termites and/or other wood-destroying insects in the
wooden members, it must be assumed that there is some damage to the
wooden members caused by this infestation, no matter how slight. If
this is the case, the structural integrity of this property should be
evaluated by a qualified building expert. (For the purpose of
completing the report, "infestation" means evidence of past or present
activity by a wood-destroying insect visible in, on, or under a
structure, or in or on debris under the structure.)"

Shouldn't the presence of drill holes in the concrete and the bricks
have been evidence of previous treatment?
If not, since they are the company that treated 2 years before this
inspection, shouldn't that be evidence of infestation. They
obviously knew about the infestation when they treated the house. I
think since they treated the house for termites 2 years before this
inspection, they should have checked the box stating "Visible evidence
of a previously treated infestation, which now appears to be
inactive"? This is assuming it was under control which clearly it
was not.

Also, isn't the previous owners bound by law to disclose the previous
problem with termites?

Seller disclosure and pest control are matters of state law. (see below)

What I find strange is that you got a clean report. Pest control companies
usually do what they can to show a need for their services.

I'm guessing here, but state law may require them to warrant their work for
a period longer than that which spanned between the treatment and your
pre-sale inspection. The other possibility is that they did not do the job
properly. So, they may have tried to fly under the radar but surprise, you
called the previous owner.

Why would they offer a discount? Sounds like they hope you'll bite and keep
the cover-up going while making even more money.

BTW, the key here is not the time between the treatment and now, but between
the treatment and your pre-sale inspection, then, the inspection and now.

I did a quick search for you.

NC Department of Agriculture & Consumer Services, Structural Pest Control
Division: http://www.ncagr.com/str-pest/index.htm
NC RE Commission: http://www.ncrec.state.nc.us/default.asp

Follow-up.
I did see termites in 3 walls of the garage. House was under
contract with pest company when we bought it. According to their
records, they actually did a "re-treatment" 2 days before the
inspection I had them do. Nothing on the inspection or the
disclosure about termites. Obviously there was a termite present at
the time of imspection or they would not have done a re-treatment 2
days before.

Talked with the Manager. He actually did the inspection. He told me
the $1542 was the normal price, even quoted me $6 per linear feet.
Remember, the salesman told me this price was a reduced rate. Then
he offered to do it for $1200. I told him that was not acceptable.
He quickly told me that he was not going to do it for free!! I told
him I had a quote of $600 for the same treatment from another company.
He agreed to do it for $600. I had the other company treat the
house.

I believe he should be responsible for the damage. I don't think he
should owe me for the treatment, I am getting the benefit of the
treatment so he doesn't owe me anything for that. I think he owes for
the damage because he mislead me when he did he inspection. I would
have treated before now if I had know there was an existing problem.
I also think I have a case against the previous homeowners since they
did not disclose active termites, when they had to have it treated 2
days before the inspection.

What does everyone think?

Todd wrote in message
om...
"JD" wrote in message
. com...
Todd wrote in message
om...
purchased a house in Mar 1999. House built in 1988. Discovered
termites in July 2003 in our attached garage. Upon inspection,
realized house had been previously treated for termites in the garage.
Called previous owners, they said it was treated in March of 1997. I
called the company that treated it in 1997 and asked them to come out
to give me a price on treating. They said they show no record of
treating this house, but since it had been treated (you can see the
drill holes in the concrete floor and in the bricks around the house),
they would give me a reduced rate of $1542 to treat. Standard rate
was about $2100. The inspector told me about the holes in the bricks,
I had never noticed them. He commented that they were drilled too
high up the wall.

Tonight, I removed the paneling from the garage walls and discovered
extensive termite damage. Most of the studs have some damage, several
with termite damage all the way up to the ceiling. I have a bonus
room over the garage so I am concerened about the structural integrity
of the house.

The pest control company says they did not treat the house, the
previous owners have a copy of the renewal bill in 1998, the year
after treating. I realize it has been 6 years since treatment, but
this infestation has been going on for years.

Also, one important point, I used this company in 1999 to do the
termite inspection when I bought the house. They checked the box "No
visible evidence of infestation from wood-destroying insects was
observed."
The instruction on the sheet (Official North Carolina Wood-Destroying
Insect Information Report) states
"If there is a evidence of a previous or an active infestation of
subterranean termites and/or other wood-destroying insects in the
wooden members, it must be assumed that there is some damage to the
wooden members caused by this infestation, no matter how slight. If
this is the case, the structural integrity of this property should be
evaluated by a qualified building expert. (For the purpose of
completing the report, "infestation" means evidence of past or present
activity by a wood-destroying insect visible in, on, or under a
structure, or in or on debris under the structure.)"

Shouldn't the presence of drill holes in the concrete and the bricks
have been evidence of previous treatment?
If not, since they are the company that treated 2 years before this
inspection, shouldn't that be evidence of infestation. They
obviously knew about the infestation when they treated the house. I
think since they treated the house for termites 2 years before this
inspection, they should have checked the box stating "Visible evidence
of a previously treated infestation, which now appears to be
inactive"? This is assuming it was under control which clearly it
was not.

Also, isn't the previous owners bound by law to disclose the previous
problem with termites?

Seller disclosure and pest control are matters of state law. (see below)

What I find strange is that you got a clean report. Pest control
companies
usually do what they can to show a need for their services.

I'm guessing here, but state law may require them to warrant their work
for
a period longer than that which spanned between the treatment and your
pre-sale inspection. The other possibility is that they did not do the
job
properly. So, they may have tried to fly under the radar but surprise,
you
called the previous owner.

Why would they offer a discount? Sounds like they hope you'll bite and
keep
the cover-up going while making even more money.

BTW, the key here is not the time between the treatment and now, but
between
the treatment and your pre-sale inspection, then, the inspection and
now.

I did a quick search for you.

NC Department of Agriculture & Consumer Services, Structural Pest
Control
Division: http://www.ncagr.com/str-pest/index.htm
NC RE Commission: http://www.ncrec.state.nc.us/default.asp

Follow-up.
I did see termites in 3 walls of the garage. House was under
contract with pest company when we bought it. According to their
records, they actually did a "re-treatment" 2 days before the
inspection I had them do. Nothing on the inspection or the
disclosure about termites. Obviously there was a termite present at
the time of imspection or they would not have done a re-treatment 2
days before.

Talked with the Manager. He actually did the inspection. He told me
the $1542 was the normal price, even quoted me $6 per linear feet.
Remember, the salesman told me this price was a reduced rate. Then
he offered to do it for $1200. I told him that was not acceptable.
He quickly told me that he was not going to do it for free!! I told
him I had a quote of $600 for the same treatment from another company.
He agreed to do it for $600. I had the other company treat the
house.

I believe he should be responsible for the damage. I don't think he
should owe me for the treatment, I am getting the benefit of the
treatment so he doesn't owe me anything for that. I think he owes for
the damage because he mislead me when he did he inspection. I would
have treated before now if I had know there was an existing problem.
I also think I have a case against the previous homeowners since they
did not disclose active termites, when they had to have it treated 2
days before the inspection.

What does everyone think?

Use the link I provided and see what the state has to say about it. I would
also consult an attorney.