[Pturner]

Originally Posted by Freeda

Here's what I would do. I would, right away, take photos from all angles to document all of the visible damage and to demonstrate how the area appeared that lead to your first discovering the problem (and, since dates sometime become critical, it would be smart to position the headline area of a newpaper page so that it can be seen in the photo, to help document when the photo was taken; it's not proof positive but, at least, it gives you a point of reference; and, of course, keep the newspaper page in a safe place with your other documents related to this); and, as others have pointed out, check first and see if there was/is an existing termite protection contract on the house, entered into by the prior owner, that you can exercise in your favor; if so, problem solved. (And if the prior owner had a contract, get a copy no matter what you are told about it, so that you - or an attorney - can determine for yourself whether the contact extends to you as a new owner).

If there is not a termite protection contract you can rely on, then I would get a couple of estimates on the cost of the extermination and repairs, and, depending on how substantial that cost is (ie, whether it seems like enough money to follow through on the steps described below), I would tell all parties - including the company who did your termite inspection, your lender, the real estate agent(s) for you and for the seller, and the sellers - so that they can all be on notice and have opportunity to talk it over among themselves - that I intend to have a local attorney look at the termite inspection document and any other documents that may be relevant, such as any documents/contract between you and your own agent if you had one, documents provided during the purchase negotiations, closing documents, etc. Then, if no one offers to take any responsibility, I would follow through on getting a legal opinion, just so you can know for sure if you have any recourse. Don't just accept as a given the termite inspection company's self-serving 'opinion' that they do not have any responsibility.

Excellent advice, Freeda!