If Ibought and paid for a townhome that had termites,was it even legal to sell a home that had such an infestation?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If Ibought and paid for a townhome that had termites,was it even legal to sell a home that had such an infestation?
Also, is it my HOA’s responsibility to fix the problem?
Asked on November 28, 2011 under Real Estate Law, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
1) It is legal to sell a premises with termites; the issue will be whether there any disclosure violations or fraud.
2) If the seller knew of the termites and did not disclose them, then you could probably sue him for compensation (e.g. cost of treatment and repairs)--he likely either violated your state's real estate sale disclosure rules and/or committed fraud. But if he did not know of them, he probably did nothing wrong and you would likely not have a cause of action--people are generally not responsible for conditions of which they were not aware.
3) Whether you or the HOA fixes the problem depends on where the termites are located (e.g. in the interior, which you would be responsible for, as homeowner), or in exterior walls, if the HOA is responsible for the exterior walls. You need to look to who, you or the HOA, is responsible in your community for different areas; that should determine.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.