Termite clearance provided but section 1 issues found

[Lenin Belangonda]

Hi, I have earlier posted a question in BP reg unpermittted room addition. Now there is another issue in the same house, termites. Seller provided termite clearance but i watned to get second opionion so did inspection with a different company. They found termites, this is before removing contingency. First i wanted to walk out but then doing my research it seemed its very hard to find a house without any termite issue in california. Since the issue was only oust side of the house (balcony) i was told its treatable and safe to buy. Since its section1 we asked seller to fix it. My agent said i can remove contingency because as per law they have to fix section1 issue before closing.

So then just days before closing seller provided termite clearance. I again hired another termite inspection company, they came out and found the issue again. Seller agent said they have termite clearance and they are not going to do anything. But then my inspector showed the obvious evidence which convinced the listing agent it has to be fixed. So they are talking to the company that provided the clearance to fix (they have 1 year warranty).

My question is should i wait for the work to complete or as my agent is advicing proceed with closing.

[Lawrence Ratliff]

I am a licensed agent and many if not all the transactions I have completed have termites. Termite repairs can takes hours or days at the most to repair, if I was your agent I would recommend you demand they are completed prior to closing (your mortgage company may also require it). It is much easier to get people to do things while still in escrow, and who cares if escrow takes a couple days or so. Unless the purchase agreement has something manually written into that you have to pay for delaying escrow, and even then you still have a case to not have to pay. DO NOT let others try and push you through an escrow, it is for a reason so EVERYTHING is completed during that period. Remind your agent their sole job is to protect you in the transaction and having you close escrow without completed repairs is not protecting you. This is the time to be difficult if need be, trust me the seller will not cancel the because of this (if they do, they are required to disclose to the new buyer the termites and they are in the same boat.) I have had escrowed delayed for weeks, to be sure all parties are protected; escrow, agents, and lenders don't like it but who cares, you need to be protected.