Can I Void A Virginia Real Estate Contract for Termite Problems?
There are a lot of ways to get out a real estate contract, both as a buyer and a seller, but unfortunately, termite damage is not one of them.
Termites are wood destroying insects that damage the house and/or garage of a potential property. For a full list of pests and termites, visit PestNow.
Who should get a termite inspection? Anybody buying a detached/single family property, a townhouse, or a condo unit on the 4th floor or below.
The Sales Contract for Virginia (and the same applies to Washington, D.C. and Montgomery County/PG County Maryland) says that the buyer can either pay for a termite inspection and select their own company, or ask the seller to pay for an inspection and give them the right to choose the company.
Either way, if any visible evidence of active termites and other wood-destroying insects are found, repairs/extermination/treatment will all be made at the Seller’s expense.
That’s it. It does not give you the right to void solely based on the presence of termites. That’s why I recommend doing the termite inspection at the same time, or during the home inspection contingency period. It covers you in case it turns out that the termites have made more of a presence in the house than the current owners. Ick.