Newarcher Posted May 3, 2007 Report Share Posted May 3, 2007 Well, about 1 month ago I received the call no homeowner wants to hear....termites swarming in the sunroom of our home. We bought the house 2 years ago. I called out Cooks, our termite company (I was smart enough to pay for Sentricon after we moved in). The technician couldn't find where they were swarming from so he told me "just watch it and call us back if you can find where they are coming from". Unacceptable, so I called and spoke to the district supervisor who came out the same day. To the original technician's credit, it was hard to find where they were coming from. Why? Because their tunnel was painted over...YES, PAINTED OVER...by the original homeowners. It was in a corner of the foundation and it honestly looked like concrete joint squeeze. I have my feeling that the previous owners purposefully painted over it to hide it and then sold the house, knowing that it was there. They had a termite letter that was clear, so that termite company missed it. I had an inspection from Cooks when I bought the house and termite contract and they missed it. So where we are now is that Cooks put a bait station above the tube and disrupted the tunnel. He came back yesterday to check the bait and found that this is what he described as a very large colony. He rebatied and said that he would re-check it in about 90 days. Once they are satisifed that the colony is dead, they will have a contractor come out and start pulling siding to see how much damage has been done and figure out what will be required to fix the damage. This is an outside wall and we checked the inside portion of that wall but couldn't find any damage. Like I said, we have had them at LEAST two years since we owned the home and possibly longer. The fact that it was a very large colony doesn't bode well that this is going to be a simple repair. We further complicate matters if Cooks tries to claim pre-existing damage kind of thing--although they noted no exceptions on the contract itself. If there is extensive damage to the home, I can forsee this having to go to legal action to make people behave. Anyone know any inside tips on dealing with this mess? Thanks, New Quote Link to comment Share on other sites More sharing options...
Jeramie Posted May 3, 2007 Report Share Posted May 3, 2007 Get a lawyer.... Seriously. It probably wouldn't take more then a letter from a legal Representative to get the ball moving if they try to hold up. Regardless, it sounds like they dont have a leg to stand on. Quote Link to comment Share on other sites More sharing options...
Newarcher Posted May 3, 2007 Author Report Share Posted May 3, 2007 Get a lawyer.... Seriously. It probably wouldn't take more then a letter from a legal Representative to get the ball moving if they try to hold up. Regardless, it sounds like they dont have a leg to stand on. I'll keep you guys updated, but so far Cooks has been outstanding and the district Manager did say they would fix the damage since I have a repair guarantee. The situation gets sticky if at some point they open the house up and find that the entire back side is eaten away. I tell you, if something in my life goes right any time soon, I will probably fall over dead from shock! This is the latest in a LONG line of problems lately. New Quote Link to comment Share on other sites More sharing options...
wtnhunt Posted May 3, 2007 Report Share Posted May 3, 2007 Sounds like a great big headache any way you look at it. My thoughts are if Cook's did an initial inspection and filled a contract that you have been making payments on, then they are responsible whether the damage was there prior or not. We started to sign a contract here with either terminix or orkin(not sure which, have the papers here somewhere), they basically said it was like an insurance policy against termites and termite damage. Quote Link to comment Share on other sites More sharing options...
Newarcher Posted May 3, 2007 Author Report Share Posted May 3, 2007 Sounds like a great big headache any way you look at it. My thoughts are if Cook's did an initial inspection and filled a contract that you have been making payments on, then they are responsible whether the damage was there prior or not. We started to sign a contract here with either terminix or orkin(not sure which, have the papers here somewhere), they basically said it was like an insurance policy against termites and termite damage. Right, that's all it is. In Georgia, many PC companies were acting very improperly with hidden clauses in the small print that gave them wiggle room to avoid making repairs using the 'previous damage' clause. Now, because of that behavior, GA created a form that requires the PC company to specifically identify any previous damage or anything exempted. I used to work for Rollins, Inc. the parent company of Orkin. I do have a couple of tricks up my sleeve that I can pull out. The one the companies fear most is an inspection of the property by the Department of Agriculture. I won't let on that I know any of this until we see. So far, Cooks has been outstanding...excepting the 'let us know if you find it' but he was a rookie and I can forgive that. Maybe the damage will be minimal but I am not so certain because a huge colony working over a couple of years can do some serious damage in the right conditions. Whatever you get, check the net by googling "terminix customer complaints" or "Orkin customer complaints" and so on. Cooks seemed to have none wherreas Terminix had the most. Orkin was in the middle somewhere. New Quote Link to comment Share on other sites More sharing options...
OJR Posted May 3, 2007 Report Share Posted May 3, 2007 Termites can be a big problem. I would get an attorney to cover my butt ASAP! Cooks are talking nice now, but if they find thousands of $$$$$$$$$ worth of damage, they are going to come up with some kind of an excuse! Quote Link to comment Share on other sites More sharing options...
Texan_Til_I_Die Posted May 3, 2007 Report Share Posted May 3, 2007 If you've only been there 2 years, I assume you have a mortgage. I would consider contacting the lein holder and getting them in on it. After all, it's their house too! (or at least it's their money) Quote Link to comment Share on other sites More sharing options...
Newarcher Posted May 3, 2007 Author Report Share Posted May 3, 2007 If you've only been there 2 years, I assume you have a mortgage. I would consider contacting the lein holder and getting them in on it. After all, it's their house too! (or at least it's their money) Interesting, I understand their interest in it but what is it that you are proposing I ask from them? Interesting idea. New Quote Link to comment Share on other sites More sharing options...
Newarcher Posted May 3, 2007 Author Report Share Posted May 3, 2007 Termites can be a big problem. I would get an attorney to cover my butt ASAP! Cooks are talking nice now, but if they find thousands of $$$$$$$$$ worth of damage, they are going to come up with some kind of an excuse! I emailed the State Department of Agriculture--who regulates the pest control industry--and asked them for guidance. I am also going to request that they send one of their specialists out to do an inspecction, they catch things pest control companies don't. That will help. I am wondering if it might be worth hiring some sort of an expert (inspector, contractor, etc.) to be present during the tearoff and inspection to ensure the real damage is identified. New Quote Link to comment Share on other sites More sharing options...
QDMAworks4me Posted May 3, 2007 Report Share Posted May 3, 2007 You might want to look into one of these jk Good luck with what sounds like a real mess!! Quote Link to comment Share on other sites More sharing options...
Newarcher Posted May 3, 2007 Author Report Share Posted May 3, 2007 You might want to look into one of these jk Good luck with what sounds like a real mess!! Yeah, but that would make me as bad as the people who sold us the house.....I don't wish any bad luck on them but if there is any bad luck looking for a place to rooste, I know a good rooste! I believe the previous owners knew about it and hid it with paint (as they did with a LOT of problems). That is the height of foul, IMHO. It will get repaired by someone other than me, the question is how painful it is going to be. New Quote Link to comment Share on other sites More sharing options...
JDAWG Posted May 3, 2007 Report Share Posted May 3, 2007 Wow, sounds like a big mess. I hope everything works out for you. Quote Link to comment Share on other sites More sharing options...
QDMAworks4me Posted May 3, 2007 Report Share Posted May 3, 2007 Yeah, but that would make me as bad as the people who sold us the house.....I don't wish any bad luck on them but if there is any bad luck looking for a place to rooste, I know a good rooste! I believe the previous owners knew about it and hid it with paint (as they did with a LOT of problems). That is the height of foul, IMHO. It will get repaired by someone other than me, the question is how painful it is going to be. New I respect you for not wanting to pass it on to the next guy. Quote Link to comment Share on other sites More sharing options...
wtnhunt Posted May 3, 2007 Report Share Posted May 3, 2007 Quote: Originally Posted by Texan_Til_I_Die If you've only been there 2 years, I assume you have a mortgage. I would consider contacting the lein holder and getting them in on it. After all, it's their house too! (or at least it's their money) Interesting, I understand their interest in it but what is it that you are proposing I ask from them? Interesting idea. That is actually a very good idea New. Would not have thought of that. The mortgage company certainly has a big interest in this as they could potentially stand a lot to lose. They might very well be interested in taking action. Quote Link to comment Share on other sites More sharing options...
toddyboman Posted May 3, 2007 Report Share Posted May 3, 2007 Lots of great points here. its crazy to think some body sold you the house know it had termites. But it's also crazy that Cooks didnt find it. I would think its their fault to have not caught it. Did they (Cooks) do the inspection prior to you buying the home? If so then I think they should pay for everything. Its a no brainer if you would have known at buying time it had termites you would not have bought it till everything was fixed or not bought it at all. Heck the mortage company wouldnt have even gave you the money. Tell em to get their wallet out! Good luck!! Quote Link to comment Share on other sites More sharing options...
Newarcher Posted May 3, 2007 Author Report Share Posted May 3, 2007 Lots of great points here. its crazy to think some body sold you the house know it had termites. But it's also crazy that Cooks didnt find it. I would think its their fault to have not caught it. Did they (Cooks) do the inspection prior to you buying the home? If so then I think they should pay for everything. Its a no brainer if you would have known at buying time it had termites you would not have bought it till everything was fixed or not bought it at all. Heck the mortage company wouldnt have even gave you the money. Tell em to get their wallet out! Good luck!! I don't have proof that they knew...could have been that someone else painted it and didn't tell the owners. I have a sneaky suspicion that they knew though, based on other things they painted and patched over. They got the termite letter from their termite company. I got Sentricon through Cooks and they did inspect it. It looks like they will take good care of me....however, if the repairs are huge dollars they might not want to. I would be surprised if we didn't have to whip out a lawyer or two before this is all said and done. I wish I knew who actually painted to sunroom but even then it would be hard to prove that they knew they were painting over a termite tunnel. Oh well, my problem to deal with. Hopefully, I can find a market for grey hair because I am churning it out in buckets these days. New Quote Link to comment Share on other sites More sharing options...
BowtechTurkeyHunter Posted May 3, 2007 Report Share Posted May 3, 2007 Correct me if I am wrong but isnt most of this just an over reaction at this point ... I mean you said they were taking care of it ... its not like you want them to just go tearing into your house ... everything they have said and done so far is standard ... I can understand covering your butt ... but to me it sounds like you are preparing for wwIII with the pest control company ... and you said they have been nothing but stellar ... I guess if it were me and I had no more control over the situation I would have a wait and see attitude ... just my 2 cents Steve Quote Link to comment Share on other sites More sharing options...
stevebeilgard Posted May 3, 2007 Report Share Posted May 3, 2007 i'd check and see if the previous owners contacted any termite inspection folks, and what the result was. if they knew and did not put it into their real estate disclosure statement, they are liable. if they knew it and it was fixed, the "fixer" may be liable. anyway, check and see if any local termite folks have anything on their records about your address. Quote Link to comment Share on other sites More sharing options...
Newarcher Posted May 4, 2007 Author Report Share Posted May 4, 2007 Correct me if I am wrong but isnt most of this just an over reaction at this point ... I mean you said they were taking care of it ... its not like you want them to just go tearing into your house ... everything they have said and done so far is standard ... I can understand covering your butt ... but to me it sounds like you are preparing for wwIII with the pest control company ... and you said they have been nothing but stellar ... I guess if it were me and I had no more control over the situation I would have a wait and see attitude ... just my 2 cents Steve I hope it is a huge overreaction. If I hadn't worked for Orkin's parent company in the past and didn't have the experience I have...I might be inclined to relax also. However, there are a LOT of pitfalls when dealing with this kind of problem...anything from refusal to cover the repairs (even when contractually obligated to do so) to patch jobs instead of true repairs, and failure to do quality repair work. Not to mention that they are going to have to tear off the back of my house to see how much damage was done. Best case (assuming minimal damage that will be fixed), I am looking a huge and drawn out babysitting job for this process. I can only foresee a problem if half of the back of the house is eaten away...if it is a few 2x4's no problem. But I can guarantee you that if they pull off the sheathing of the home and there are major structural problems, they will generally go into defensive don't pay mode. I am honestly surprised that they didn't question the fact that the tunnel was painted over and claim that it wasn't something that they couldn't be expected to find because of that. However, that may be something they are going to pull out at the last minute and then I would have to go back after the previous owner and/or the pest control company. I found out from my neighbor last night (didn't tell him why I was asking) that the previous owner painted that room, not the painter. So he knew about the termites. Looking at the resonable expectation under the circumstances (huge colony in the home for more than 2 years), I am anticipating some problems. Hopefully, I am wrong. New Quote Link to comment Share on other sites More sharing options...
BowtechTurkeyHunter Posted May 4, 2007 Report Share Posted May 4, 2007 Yeah but if there is major structual damage I would think there would be other tell tale signs of MAJOR damage other then a painted over termite trail ... maybe Im wrong but I have first hand experience with repairing a house that was eaten from the inside out and let me tell you it wasnt fun ... it was to the point you couldnt walk up the stairs ... and when we go to tearing into it it was a whole interior wall ... hopefully everything all works out for you ... Steve Quote Link to comment Share on other sites More sharing options...
Jeramie Posted May 4, 2007 Report Share Posted May 4, 2007 If you've only been there 2 years, I assume you have a mortgage. I would consider contacting the lein holder and getting them in on it. After all, it's their house too! (or at least it's their money) Great idea! You have a heavy mortgage holder call them and they will move faster then if you called them yourself! I was rear ended by a van a few years back. Their insurance (progressive) tried to mess me over. My insurance (Allstate) offered to pay for everything and then take them to court for their part! The companies you pay will often help you out! Quote Link to comment Share on other sites More sharing options...
wtnhunt Posted May 4, 2007 Report Share Posted May 4, 2007 Hope everything works out as best with the situation as it can for you new. I have my feeling that the previous owners purposefully painted over it to hide it and then sold the house, knowing that it was there. They had a termite letter that was clear, so that termite company missed it. I had an inspection from Cooks when I bought the house and termite contract and they missed it. From what you have said here, with your own termite inspection initially failing to find the damage, sounds like a good chance the previous owners may not have known even though they did paint. Would not be so quick to pass judgement on them in this. I am wondering if it might be worth hiring some sort of an expert (inspector, contractor, etc.) to be present during the tearoff and inspection to ensure the real damage is identified. That would probably be a good idea, just make sure to keep all your records. Quote Link to comment Share on other sites More sharing options...
Newarcher Posted May 4, 2007 Author Report Share Posted May 4, 2007 Hope everything works out as best with the situation as it can for you new. From what you have said here, with your own termite inspection initially failing to find the damage, sounds like a good chance the previous owners may not have known even though they did paint. Would not be so quick to pass judgement on them in this. That would probably be a good idea, just make sure to keep all your records. No no no, the previous owners are scumbags....you would have to know the entire history of this house and the lies they told and the problems the bandaged just long enough to get the house sold. To boot, if you have ever seen a termite tunnel, there is no mistaking what it is. Even if you thought that it was something else...a dirt dobber nest (although they don't nest on the floor near the foundation)....you break it up and get rid of it and paint the concrete. This was clearly painted over with great effort to hide it. Like I said, you would have to know the history and then you would understand. I won't buy another used home again, just because of this experience. Both the owner's termite company and my temite company both missed the tunnel because they were looking for a brown tunnel made out of dirt, not a tunnel painted over. It was in the corner of the home. One person knew it was there and that was the owner who painted over it. I think I might just hire a contractor for the day that they come tear the house apart just to verify the damaged areas and keep the termite company honest. I hope that it is minor damage and easily fixed but I have my doubts, given the colony size and the time that it was allowed to eat without detection. New Quote Link to comment Share on other sites More sharing options...
wtnhunt Posted May 4, 2007 Report Share Posted May 4, 2007 That is too bad New, a shame there are people like that out there. At any rate, hope for the best outcome whatever that may be for you with this. Quote Link to comment Share on other sites More sharing options...
Newarcher Posted May 4, 2007 Author Report Share Posted May 4, 2007 That is too bad New, a shame there are people like that out there. At any rate, hope for the best outcome whatever that may be for you with this. It will all work out and I will have a nice little part time job managing it for the next few months. For me, I have a deeply seated sense of fairness. I wouldn't sleep at night knowing that I did this to someone....in fact, I spent a lot of money fixing things on my old home that most people wouldn't think of fixing. It was technically almost perfect. But the owners of my current home chose a different path..... New Quote Link to comment Share on other sites More sharing options...
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