There are two general types of termite cases which we see repeatedly.

There are inspection cases which arise out of the purchase of real estate and there are treatment cases which arise out of a contract (or bond) to treat and re-inspect a residence which you already own.

Most purchases of residential real estate require a termite inspection or "termite letter" to obtain financing. This requires that a licensed pest control company perform an inspection and report their visual findings with respect to the presence of wood destroying organisms, including termites and wood decaying fungus.

Frequently, homeowners will come to discover they have termites or termite damage at some point after they received a "clean" termite letter at closing.

Homeowners who discover infestation and/or damage that they were not advised of prior to purchasing their home find themselves in the situation of having purchased a house they either would not have purchased at all had they been advised of termite infestation and/or damage, or having paid too much for a house that suffered from termite damage or wood decay.

The other common scenario confronting homeowners with termites and pest control is after a homeowner has contracted with a company to provide treatment for termites and placed the home under a "bond".

After paying for the initial treatment and paying the annual fee each year for having the home inspected, homeowners discover termites or wood decaying fungus which resulted in damage to the structure.

After confronting many pest control operators with the discovery of infestation and/or damage, homeowners are told the pest control company is not responsible for the damage despite having the home under contract or bond.

Termite companies have used a myriad of excuses to justify why they should not be held responsible for damage to homes they have had under contract for up to 30 years.

"This part of the house is in contact with the ground and we aren't responsible for that."

"There is a moisture problem under this house and that is something we don't cover."

"We don't cover wood rot."

"This house is improperly constructed and it's impossible for anyone to prevent termite infestation in this house."

And my all-time favorite:

"We're not responsible for the termites eating the wall-studs to the point that your cabinets fell of the wall because you've been putting wet glasses in the cabinet for so many years and that is what caused the termites to infest your house."

Unfortunately, there are so many disreputable companies and individuals in the pest control industry that they often overshadow the true professionals that almost never have a complaint in this office or through the Alabama Department of Agriculture and Industries which regulates the pest control industry in Alabama.

Fortunately, these statements can be overcome in many situations by utilizing the standard literature and scientific information available to demonstrate how a pest control company violated one of their own industry standards or a state law. This firm has successfully litigated over 200 pest control claims encompassing situations like the above and many others.

There are several local, regional and national pest control companies which are habitual offenders in both inspection and treatment cases. There are other companies which are run in a manner that we almost never hear complaints about them.

The financial consequences to the homeowner in these situations can be financially and emotionally devastating.

Termites can cause thousands of dollars in physical damage in a relatively short time.

The disclosure of prior termite infestation, termite damage can drastically reduce the re-sale value of a home many years after the infestation has been controlled. In addition, just the possibility of additional, unknown infestation or damage can cause the loss of significant re-sale value in a home.

Termites are not covered by homeowner's insurance, therefore, the financial burden falls to the homeowner of the pest control company fails to honor their obligations.

Living in a home with termite infestation or termite damage is a circumstance which can naturally cause stress and distress to the homeowner. In most circumstances, our clients are due to be compensated monetarily for that stress and distress.