What if the termite story was different?

by Traverse Legal, reviewed by Enrico Schaefer - August 19, 2006 - Uncategorized

Instead of the previous post, what if the facts were as follows:

The buyers purchase a summer cottage with the intent of turning it into a full time residence and selling off a lot for 125,000 as part of the transaction. The seller’s disclosure statement indicated there was no known infestation of termites or carpenter ants as well as a number of other items. The seller’s disclosure statement was not a contract – not a warranty. The contract they signed as part of this transaction said that if they didn’t get a pest inspection, then that pest inspection would of in all likelihood reveal termites then they have no right to sue the seller. That’s exactly what happened here.

The buyer did several things after identifying this property. He initiated the process for a land split to sell a lot and he got an inspection on the property. The inspection revealed all sorts of water related issues in the exact area.

I asked you what you thought before about the case when I described it in a neutral tone here. What do you think when I present the facts this way?

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Author


Enrico Schaefer

As a founding partner of Traverse Legal, PLC, he has more than thirty years of experience as an attorney for both established companies and emerging start-ups. His extensive experience includes navigating technology law matters and complex litigation throughout the United States.

Years of experience: 35+ years
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.