Have You Discovered Termites After Closing On a Home in Maryland?
Whitney, LLP represents homeowners against negligent and fraudulent termite home inspection companies who cause our clients to incur thousands of dollars repairing damage caused by infestations that were not detected, not adequately treated, or not treated at all after discovering termites after closing on a Maryland home. We also represent our clients in cases against sellers of homes who fail to disclose termite infestations to buyers. Many pest control companies are negligent in how they perform termite inspections and treatment. Unfortunately, there are sellers of homes who fail to disclose termite damage to potential buyers even when they are required by law. Many new homeowners have serious problems arising from termite damage that has not been disclosed, gone undetected, or has not been treated correctly.
We represent homeowners who find termites and termite damage after closing on their Maryland home and are forced to deal with termite damage through no fault of their own, no matter if they live in Howard County or Montgomery County, MD. Our cases include lawsuits against sellers, house flippers, WDI Inspection and termite inspection companies, and real estate agents. In 2019, Whitney LLP was successful in a notable termite damage repair and real estate lawsuit, obtaining a $1,068,750 jury verdict based on negligence and fraud. Additional Whitney, LLP termite case settlements can be reviewed here.
Pursuing a Termite Damage and Real Estate Lawsuit
Maryland law imposes a duty on sellers of real estate to disclose latent defects or else they may face liability for their failure to disclose. The presence of termites and termite damage, whether in a Baltimore City home or a Charles County residence, is generally considered a latent defect. If a seller conceals termite damage, or an active termite infestation, the buyer may have various remedies available, including a cause of action for fraud, negligent misrepresentation and violation of Maryland’s Consumer Protection Act. Maryland requires latent defect disclosure forms to be used by sellers of residential real estate. Maryland sellers must disclose the presence of termites using either the Maryland Residential Property Disclosure Statement, or the Maryland Residential Property Disclosure Statement. When a seller of real estate knows about the presence of termites in their home, but fails to disclose it to an unsuspecting buyer, the buyer has significant legal remedies against the deceptive seller.
WDI Inspection for Termites
If the owner of real estate sustains termite damage as a result of the acts or omissions of a termite pest control or termite inspection company, and such conduct falls below minimal standards of professional conduct, then a legal remedy may be available to recoup damages. Orkin and Terminix are two national companies who provide termite inspections to homeowners. Both Orkin and Terminix have repeatedly been sued by homeowners for termite damage repair claims brought by homeowners.
There are many ways that Whitney, LLP’s legal team can assist clients who have found termites after closing on a Maryland home in Anne Arundel County, Charles County, or other parts of the state. For example, claims against pest control companies can arise when termite inspection companies either fail to detect the presence of termites, do not find termite damage in a home, or fail to properly treat existing termite infestations. When these situations occur, the result is the same: the termite infestation can worsen, causing structural weakness and damage to the property, and can cause the home with termites to be in an unsafe condition that can cost tens or hundreds of thousands of dollars to repair. When a termite infestation is allowed to exist and grow due to the negligence of a bad home inspection or bad termite treatment or inspection, the negligent company can be held legally responsible for the termite damage they caused to the home.
In some cases, termite inspection companies have performed bad home inspections by failing to do a thorough examination and missing signs of termite activity. When this happens, the homeowner who purchased the inspection service has been deceived. In these instances, the homeowner may claim negligence and potentially termite inspection fraud against the deceptive company, which gives rise to claims for both punitive and compensatory damage claims against the termite inspection and/or treatment company.
Termite Latent Defect Claims Against Sellers of Real Estate
Maryland law imposes a duty on sellers of real estate to disclose latent defects. The presence of termites in a home is a latent defect. If a seller conceals termite damage, or an active termite infestation, the buyer may have various remedies available, including a cause of action for fraud, negligent misrepresentation and violation of Maryland’s Consumer Protection Act. Maryland requires latent defect disclosure forms to be used by sellers of residential real estate. Maryland sellers must disclose the presence of termites using either the Maryland Residential Property Disclosure Statement, or the Maryland Residential Property Disclosure Statement. When a seller of real estate knows about the presence of termites in their home, but fails to disclose it to an unsuspecting buyer, the buyer has significant legal remedies against the deceptive seller.
Handling Termite Damage With the Attorneys at Whitney, LLP
If you’ve discovered termites after closing on a Maryland home, there are levels of termite-related damage you may find, including structural damage that can be extremely costly to remediate and repair. In the face of large repair estimates, a termite damaged property, and potentially dealing with negligent termite inspection and treatment companies, the question for homeowners to consider is whether you have a legal remedy, and if so, how to move forward to exercise your legal rights and recover compensation. Read about termite damage cases on our termite blogs for additional information to learn more about the destruction these pests can cause.
Whitney, LLP has experience providing successful legal advice and representation to homeowners who face expensive termite damage repairs from Baltimore County to Prince George’s County, MD, and across Maryland. Termite settlements, arbitration awards, and jury verdicts for termite damage can range from five to six to seven figures. In some cases, repair costs, such as termite damaged condominiums, are in the millions. Whitney, LLP is available to review your contracts and investigate the facts to determine legal liability. Although termite pest control companies often have contracts that seek to limit damages and suppress your right to a jury trial, we are experienced in analyzing and applying legal arguments to restore the rights of victims to full compensation.
Whitney, LLP handles termite damage repair claims for homeowners throughout Maryland, including in:
- Anne Arundel County
- Baltimore City
- Baltimore County
- Charles County
- Howard County
- Montgomery County
- Prince George’s County
To learn more about our termite case results and other information regarding how we can help those who’ve found termites after closing on a Maryland home, read our termite blogs or watch our YouTube channel videos.
Making Termite Property Insurance Claims for Termite Damaged Homes
Owners of termite damaged homes may be insured against termite damage that occurs to their home. To make that determination, a property insurance claim must be submitted in a timely manner. Due to the extensive and sometimes potentially confusing language of property insurance policies, it may be difficult for a homeowner to determine whether or not their policy covers termite damage repair claims. Although a property insurance company may initially deny the claim, with legal representation and a full analysis of the surrounding issues and policy language, the coverage decision may change for the benefit of the homeowner. Whitney, LLP’s termite damage lawyers can provide legal representation to determine whether or not termite damage claims are covered by a homeowner’s property insurance policy.
Compensation and Legal Rights for Termite Damage Victims
Whitney, LLP is available to review your termite company contracts, homeowner’s property insurance policies and investigate the facts to determine legal liability. Although termite pest control companies often have contracts that seek to limit damages and suppress your right to a jury trial, we are experienced in analyzing and applying legal countermeasures to restore the rights of victims to full compensation.
Whitney, LLP handles termite damage repair claims for homeowners throughout Maryland, including in Baltimore, Columbia, Annapolis, Germantown, Silver Spring, Waldorf, Upper Marlboro, Glen Burnie, Ellicott City and Frederick.