Lately, we have seen multiple active termite and termite damage issues arise. Because caveat emptor, or Buyer Beware, is still the law in Georgia, buyers have the duty to protect themselves, including against termites and resulting damage.
The most common way to protect Buyers from repair concerns is using a Due Diligence Period (DDP) and having a house inspected within that period, but termite inspections are often left until after the Due Diligence Period is over. Although it is the buyer’s duty to inspect for termites, many contracts throw that duty over to the seller in the Special Stipulations, writing that the seller is to provide a Termite Inspection Report. If the seller is not required to do so before the DDP is over and then termite issues are discovered, the Buyer can be in a very tough situation indeed.
Consider several ways to resolve the situation:
PS: We can always help with contract language!
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