HELP!! I have a contract to sell AS-IS with a termite damage clause (contingency, appraisal)

[castricv]

Hello and thank you for reading. Any help is greatly appreciated. I did a fast sale with a construction firm to buy my home as is in a really up and coming neighborhood. Everything on the contract says as-is except a clause that says termite damage is the responsibility of the seller. I close at the end of June and am getting another termite inspection done this week. (The last one two years ago was fine).

My question is this, it appears as if the buyer doesn't care to do any inspections on his own before closing and is happy to get it as-is. My worry is that will they be able to come in AFTER closing and try to hit me for termite damages they may find (real or imagined)?? Does not the burden fall on them to inspect before closing so that we can negotiate? Once we've closed am I free and clear or do I have to sweat it out for a few months???

Also, if my inspection comes back clean again, would that protect me regardless?

Thanks so much.

[MrRational]

Originally Posted by castricv

My worry is that will they be able to come in AFTER closing...

How exactly does the contract describe the termite contingency?
It should be based on the right to have a pre-purchase inspection.

[willow wind]

A termite/ pest inspection is usually good for 30 days. Try to time yours so that it falls in that time period before closing ,- i.e. 30 days before closing date.

Submit a copy of the report to the buyer and keep a copy for yourself. You should be fine .He can't sue you if he finds termites after closing. At that point, it's his house.

[castricv]

Thanks for the response Mr. Rational and Willow Wind ---

Here is what the contract says (remember the whole doc is all of three pages and notorized)

11) Termite Inspection - Buyer will furnish a current inspection report issued by a licensed and bonded pest control company. Repairs and treatment, if any, shall be at the expense of seller.

This is immediately followed by 12....

12) Seller hereby gives, and Buyer hereby accepts, a disclaimer regarding said property, that Buyer is purchasing said property "as is", that is, with no warranties or representations whatsoever. Seller and Buyer both acknowledge the giving and acceptance of said disclaimer.

Again it's being sold in a booming area of Nashville that the construction company almost certainly wants for the lot. However, I need to cover my basis. They have never seen the inside nor have requested to inspect the inside at any point. In the contract they are paying cash and have waived appraisal and inspection otherwise. Thanks a lot guys!!!

[castricv]

I guess the main thing left that I'm wondering is given their lack of wanting to even see the home or do any inspections, if I get a report and then simply not turn it in or not get one in the first place, once the home is closed can they come after me. It seems like an open and shut as-is purchase and then tear down. The only reason I'm concerned is that they might rent for a bit or attempt a complete remodel (lot of work) and then try to scrooge a lot of money out of me. This site is great.

[rational1]

1. You can never completely protect yourself from baseless lawsuits.

2. Your main liability when selling a house comes from hidden defects that you know about AND that you do not communicate to the seller.

3. I think you worry too much. Relax.

[ACWhite]

FWIW, if a developer is buying it, and the site is great, I wonder if they will tear it down and build on your site. If so, they don't care about condition.

[castricv]

I suppose I am unduly worried rational1. It's my first home sale and this whole process has been way too easy. Perhaps I just got lucky to sell at the right time. Still knowing as much as I can would be great.

[DMenscha]

What a horrible contract. 2 completely contradictory terms and conditions.

[castricv]

Indeed DMenscha, that why I'm wondering if I'm in the clear easily and worrying too much about nothing or if this is something more shady and I need to cover my azd just in case with as much info as possible.