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Need advise regarding termite issue

Hi !
I'm currently under the escrow in  CA
All contingencies lifted.
Home inspection found that roof is fragile and may be damaged in case of termite fumigation. 
Termite inspection found active termite infestation and recommended a tenting, and it was accepted by seller. 
In the day of tenting seller agent canceled fumigation, because of the roof,  offered local treatment and sign acknowledgement  of receiving the amended termite report which states that fumigation is still a preferred, but do to roof condition seller requesting  local treatment , which is considered substandard and  not guaranteed.
I disagreed and refused to sign. The termite company can't do any treatment without my signed acknowledgement, 
Now seller agent trying to find another company who will do a local treatment.
Is there any chance to  force seller to do a guaranteed termite treatment?
Is it make sense for me to order second termite inspection before or after a local treatment, if it will be done? 
Do I have any rights not to close the escrow without breaching a contract, if  active infestation or damage will be found?
Thanks!
  • August 25 2013 - US
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Answers (4)

Most of the termite treatment come up with 1 year of guarantee, do check the paper work if the treatment is being done. If still you are not assured, you can call for roof inspection to better reslve the issue. 

  • August 26 2013
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Profile picture for Carole Tyne
One - I would have a roofer come out and inspect the roof - may want two opinions.
Two -  if termite treatment is done most all come with 1 year guarantee.   Usually, you can purchase longer duration of coverage for more.   Though the guarantee is not going to cover current condition of the roof. 
Three - may want to purchase also a home warranty with roof coverage.

Best Wishes!
  • August 26 2013
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You may want to consult with an attorney who handles real estate matters. 
Your inspector reported a bad roof and termite infestation....
  • August 26 2013
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FYI, most local pest control treatment can be guaranteed, just for a shorter time period than tenting.

Keep in mind termite and tenting companies use lots of scary language to limit their liability. Almost always they include something like, "not responsible for damage to roof."

Do you want to damage your roof? Many expensive roof coverings (tile, etc.) are "fragile" and not meant to be walked on, which is what the tent techs will do. That breaks your tiles and can allow water in to create leaks. It takes an experienced technician to know how to walk on these types of roofs without causing damage.

Seller may want you to take on the roof liability if you insist on a tenting. There are many other less-toxic treatments to kill termites and prevent their return. 
  • August 26 2013
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