This Week's Q & A

Q: About five years ago, I discovered termites in one area of my basement. A pest control company treated the problem by inserting chemicals through holes drilled in the floor. A subsequent inspection produced a clean bill of health and I have seen no sign of a problem since. I am planning to sell my house now and am wondering if I have to disclose the past experience to potential buyers?

A: You don’t have a legal obligation to disclose your experience to a seller. In fact, even if you had a termite problem today, you wouldn’t have to volunteer that information to a prospective buyer, although you should answer truthfully if asked. (Lying about it could expose you to a potential suit for fraud.) On the other hand, from what you’ve said, you have nothing to hide, so why act as if you do? Most buyers are going to have the home inspected and a competent inspector will spot those treatment holes and note them in the inspection report. Buyers are likely to be less suspicious, and more comfortable with your assurances that the problem has been addressed if you present that information voluntarily up front rather than defensively, in response to a negative inspection report. Buyers who may be unnerved when they learn about your old termite problem won’t be any more unnerved learning it directly from you than from the home inspector. A current pest inspection (which they should obtain even if there were no past history of termites) should put any current fears to rest.