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Any Texas Realtors , I feel shook down
Old 04-15-2018, 05:13 PM   #1
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Any Texas Realtors , I feel shook down

DW and I wife and I recently put our house up for sale . We had 6 offers , we accepted the highest offer . We filled out our paperwork as our realtor requested . In the middle of the option period the buyers wanted a home inspection ( no problem ) . So we have the inspection and 2 days later the buyers want out because of Termites . NOW I ask my broker where are the termites ? She can't say she has not seen the report so this drags on , I call a pest control company ...they can't find any termites so I finally call the home inspector that wrote up the termites . He says they are in the attic . I try not to argue with him and I ask what needs to be done ?? He says call this number they can help . I call the number and mention his name , so they call him and get the info. where they are at . They call me back with an excellent price , and I schedule it . Their termite guy comes out , he is an independent inspector . looks at where the termites are supposed to be and says ..." that is not termites " . I ask him what this is all about , he tells me these home inspectors find termites and use this company and the company gives the home inspector Home Depot or Macy's gift cards for giving them business. The Home inspectors are under the same company that does the termite treatment so they are all wired in .

Now next a Question for Texas Realtors , How strong is paragraph 23 in the option out in a contract . I have never received my option money on the cancelled contract ? ( only 100.00 but ) Info is appreciated !
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Old 04-15-2018, 05:46 PM   #2
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In my experience, from both sides of a real estate transaction but not in Texas, the buyer can always get out of the deal prior to acceptance of the inspection. That is just part of the process.
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Old 04-15-2018, 05:48 PM   #3
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You can spend a lot of time trying to fight it.... and I would predict lose...

Or, you can move on.... it is only $100...



To expand, the other party has a report that says there are termites... they can rely on that to get out of the contract.... you would have to sue the inspector and try and get it from him... do you want to go to that much trouble?
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Old 04-15-2018, 05:56 PM   #4
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Do what you need to do to get the house sold. After the closing check clears, report them all to the Texas Attorney General's office. https://www.texasattorneygeneral.gov...umer-complaint
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Old 04-15-2018, 06:10 PM   #5
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Was the offer contingent on inspection? Will the buyers accept the house if the problem is resolved?
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Old 04-15-2018, 06:21 PM   #6
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I've always been skeptical of termite inspectors in general. What's their motivation to tell you that you don't need any service? They don't make their money on inspection fees, they make their money on fumigation services. It would seem the only way to get a fair assessment is to hire a company exclusively for the inspection letting them know you are not going to use them for fumigation and hope they give you an honest assessment.
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Old 04-15-2018, 06:25 PM   #7
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Out here there is more termite work dealing with "conditions conducive to termites" which is water leaks and drainage problems mostly.

Me thinks the buyers found a place they liked better and wanted to move on.
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Old 04-15-2018, 06:26 PM   #8
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Termites eat wood and are not hard to identify if they are chewing on your rafters. Generally, to get to the rafters, they eat there way through a lot of other visible wood.

When we sold homes, I went with the inspector to verify his findings. I know that may not be practical for some, but arranging a substitute follower is not hard to do.
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Old 04-15-2018, 07:33 PM   #9
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Termites come from the ground and travel up from there. If found in attic, there has to be
tunnels/mud tubes in route from ground to attic. Total BS report in my opinion.

The biggest problem now is own your disclosure form, where you list where there is any knowledge of termites or an an unfavorable termite report. This is the double jeopardy part of the contract. It may be too late, but I would have dismissed their offer if there was an unfavorable inspection report. Once you are made aware/known of an existing deficiency, you are proverbially screwed. Luckily, my realtor informed me when selling DMIL's house, and all ended well.
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Old 04-15-2018, 07:41 PM   #10
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Do what you need to do to get the house sold. After the closing check clears, report them all to the Texas Attorney General's office. https://www.texasattorneygeneral.gov...umer-complaint
More specifically, contact TREC. My wife was a Realtor in TX for many years (through 2013) and she says what happened is NOT cool and TREC would be very interested in hearing from you.

https://www.trec.texas.gov/
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Old 04-15-2018, 08:16 PM   #11
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Termites eat wood and are not hard to identify if they are chewing on your rafters. Generally, to get to the rafters, they eat there way through a lot of other visible wood.

When we sold homes, I went with the inspector to verify his findings. I know that may not be practical for some, but arranging a substitute follower is not hard to do.
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Termites come from the ground and travel up from there. If found in attic, there has to be
tunnels/mud tubes in route from ground to attic. Total BS report in my opinion.

The biggest problem now is own your disclosure form, where you list where there is any knowledge of termites or an an unfavorable termite report. This is the double jeopardy part of the contract. It may be too late, but I would have dismissed their offer if there was an unfavorable inspection report. Once you are made aware/known of an existing deficiency, you are proverbially screwed. Luckily, my realtor informed me when selling DMIL's house, and all ended well.
Putting both so I can address these together....

NO, you can have a real bad termite infestation and not see a single sign of them.... I was an exterminator and used to do inspections... we would always say we did not find any evidence of infestation.... I had them in my house and saw nothing until we ripped out the bathroom and saw them... they came up through the drain of the toilet and into the wood... they are very sneaky....

Winemaker, you are only talking about subterranean termites.... there are also termites that do not come from the ground.... that is where they tent a house and kill them that way... I never dealt with them so I do not know if they show damage easily or not...
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Old 04-15-2018, 08:23 PM   #12
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Putting both so I can address these together....

NO, you can have a real bad termite infestation and not see a single sign of them.... I was an exterminator and used to do inspections... we would always say we did not find any evidence of infestation.... I had them in my house and saw nothing until we ripped out the bathroom and saw them... they came up through the drain of the toilet and into the wood... they are very sneaky....

Winemaker, you are only talking about subterranean termites.... there are also termites that do not come from the ground.... that is where they tent a house and kill them that way... I never dealt with them so I do not know if they show damage easily or not...
Note that the flying termites exist only in places where it does not freeze very often, such as the LA area and New Orleans and Florida. Subterranean termites go a lot further north but once the ground starts freezing a couple of feet in the winter it limits their range also.
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Old 04-15-2018, 08:52 PM   #13
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I had them in my house and saw nothing until we ripped out the bathroom and saw them... they came up through the drain of the toilet and into the wood... they are very sneaky....
Question: If the drain pipe from the toilet goes through the concrete slab for discharge, how exactly did they enter the house using that path? Not inside the drain pipe I would surmise as it would have had to have a leak somewhere below ground.

Thanks.
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Old 04-15-2018, 09:19 PM   #14
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Here is more information 3 professionals two termite companies and a GC said there are no termites . The GC went far into detail explaining the piece of wood that was supposed to have termites was spackled with dried cement from when the house was built . No tubes no flying insects . He went farther saying if I could bust the 2X4 with a six pound sledge he would give me 100.00 it was spackled , nothing leading up or down or sideways.
The big question is for the realtors paragraph 23 of Texas real estate contract says if a buyer does not give up his 100.00 option money in three days when he declines a contract he cannot back out . Option money is paid to take a piece of real estate off the market and out of multiple listing. I want buyer who backed out to be responsible for something . Follow the real estate contract . I have always had to follow them .
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Old 04-15-2018, 09:25 PM   #15
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I feel I have become a termite expert , termites can come up around your foundation .
My foundation was viewable 4" to 6" all around the house , they can come up around a crack in your slab , they checked everywhere I had plumbing coming through my slab . Excellent . or they can be in your attic but they would be swarming if everything else was ok . ..........So the exterminator who treated the house said on his report no termite activity was seen . House was conducive because it was treated 5 years ago .
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Old 04-15-2018, 09:54 PM   #16
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Like I said, you're right, there are no termites.

The buyer wanted a different house and that's what happened.

A hundred bucks is nothing in a real estate deal. Why are you so concerned? After all if you really did have termites it would be much worse.

Yeah, just chill and sell the place. Then file all the complaints and sue in small claims to get your C note back.
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Old 04-15-2018, 10:23 PM   #17
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You need to ask your agent about the $100 option fee. We recently sold a rental house in Texas. The first two buyers backed out... the first for something they didn't like in the inspection; the second for no reason at all... they never even scheduled an inspection.

In both cases, my agent had over-nighted the $100 checks to my home address in another city. They were both cashed several days before the buyers backed out. The much larger earnest money checks were held by the title company, IIRC. My guess is that your agent has the $100 check on her desk.

If not, and the buyer never actually paid the $100 within the required 3 days after signing the contract, then yes, I think your understanding is correct... the buyer may still be obligated to buy the house or at least forego the earnest money. Talk to your agent!! And forget the termite saga. Just get your $100 and move on.
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Old 04-15-2018, 10:24 PM   #18
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Question: If the drain pipe from the toilet goes through the concrete slab for discharge, how exactly did they enter the house using that path? Not inside the drain pipe I would surmise as it would have had to have a leak somewhere below ground.

Thanks.

They came up the outside of the drain pipe and went directly under the linoleum back to the wall... I would regularly check the outside of my house for the normal termite tubes and never saw any... I actually had a termite job done when I bought my house so I thought I was good to go...

They did not do much damage... treated the location and covered up the wood...
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