Is the inspector liable if you find termites after a WDO inspection? In short, it depends.
The WDO inspection is a visual-only inspection reporting the apparent conditions present on the day of the inspection. It is a snapshot in time. Termites may be present but not visible.
Termites may take years to show up inside our homes as they are often hidden inside wood framing, flooring, or trim. There may be no readily visible evidence at the time of the inspection. Further, not all areas of the home are generally accessible for visual inspection. Inspectors are allowed to exclude those areas which are not accessible for viewing.
Areas that are commonly excluded include ceiling joists, as they are covered in insulation, inaccessible attics and crawlspaces, garage walls covered with cabinets and stored goods, wood decks and fences not attached to the structure, wood decks that are not fully accessible underneath, exterior walls blocked by landscaping or shrubs, and any area over ten feet in height. When you are hiring a termite inspector, you can generally bet the low-fee inspector will fully exclude everything possible. All inspectors are not equal. If the inspector excluded most of the home, you may want to question the value of the report.
Termite inspections are reported on FDACS Form 13645. The report form was first enacted into law in 1979 in Florida. Any inspector who performs a WDO/termite inspection, for a fee, must prepare and submit this form. The form requires the inspector to report on a range of wood-destroying organisms but for this article, we are only addressing termites. Form 13645 requires the inspector to report the finding of live termites, evidence, and damage to termites. Further, the inspector must report all evidence of previous termite treatments such as treatment labels, bait stations, or drill marks in slabs and foundations indicating a treatment was performed in the past.
If the inspector reports evidence of previous termite treatment, it does not mean your home is currently protected or that the home had live termites. The treatment may have been preventative such as a pre-construction slab treatment, or it may be outdated and no longer effective. Typically, liquid treatments are effective for a maximum of five years in our soil and climate.
While it can be frustrating to find you have active termites after you paid for a termite inspection, you should not panic or automatically assume the inspector failed to do their job, even if a competing termite company suggests so.
When would a termite inspector be liable for termites found after the inspection? The WDO report clearly states the inspection does not constitute a warranty or guarantee of any kind. The inspector could be held liable if:
What should you do if you find live termites after an inspection was performed? Here are some recommendations to consider:
360PestControl provides WDO/termite inspections in the greater Jacksonville, Tampa, St. Petersburg, Crestview, and Fellsmere areas. To request service or to learn more about our services including ant control, mosquito control, bed bug control, and lawn & ornamental pest control, contact 360PestControl at (904) 637-1109 today.
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