ARE ANTS A HIDDEN DEFECT?

Invasion of carpenter ants

When a colony of ants is discovered shortly after the purchase of a property, it is sometimes necessary to act, and quickly. But who will pay the bill: you or the seller?

Contact the seller as soon as possible!

In case of a hidden defect, you must notify the seller in writing. This notice must be given within a reasonable time. This is called the “denunciation” of vice.

If you don’t want to bear the cost of the work, you need to give the seller the opportunity :

• To verify the existence and the seriousness of the defect;
• To note the damage;
• To repair the defect or to replace the defective good.

However, some cases may require urgent repairs if the defect is dangerous or could cause serious damage to the building. This could be the case of carpenter ants, which can weaken and sometimes destroy a structure by digging tunnels in the wood.

Try to reach an agreement with your vendor first, and put your agreement in writing. If nothing happens, you could take legal action. You will need to have solid proof: don’t hesitate to call on an expert who will be able to identify whether ants were present before the purchase.

When buying a property, it happens that a defect not apparent at the time of the visits is noticed after the acquisition of a property. There are several possible flaws and carpenter ant infestation is one of them. It is well known that these invasive insects can do a lot of damage in a house.

If a buyer discovers a hidden defect after the acquisition of his property, he can ask for compensation from the seller as well as the reimbursement of the repairs of the dispute including the intervention of the exterminator …

The ravages of carpenter ants

As a reminder, a hidden defect is a serious problem, which is not visibly apparent to the buyer during the visit of the property. This imperfection is so important that it significantly alters the value of the property (and perhaps its use). This is an element that even the building inspector cannot always perceive and that the seller hides knowingly or not.

In order to obtain compensation in case of such a hidden defect, it is necessary that the cause and its appearance is prior to the purchase. In such a case, the seller cannot be held responsible. Carpenter ants can wreak havoc on wood.

Damage caused by carpenter ants: what to do?

Even if the wood looks normal, carpenter ants may have made a nest and caused considerable damage. As soon as the buyer has noticed such a defect, he must imperatively undertake formalities. You should then contact an ant expert who will assess the situation and propose an appropriate solution. And while waiting for the professional exterminator, it is essential to get rid of the ants, by finding the nests, eliminating the queen and making sure that these insects can no longer develop. Most importantly, a real estate lawyer should be called in quickly.

Intervention of the lawyer expert in hidden defects

The role of an experienced latent defect lawyer is simply to assert the rights of his client who has acquired a property with latent defects. The lawyer takes the necessary steps to obtain compensation from the seller.

It should be noted that this compensation occurs after proving that the defect is subsequent to the purchase.

He can ask for an exterminator – an ant specialist – to make an assessment of the situation and determine the approximate date of the insect infestation: either before the purchase of the property or after the purchase.

If carpenter ants have invaded the home after purchase, no recourse is available to the seller.

Are you a tenant?

If you are a tenant in your apartment, your landlord may have to intervene, depending on the severity of the situation.

Do not hesitate to call a specialist in ant extermination.