Can You Sue Your Home Inspector for Missing Termites? 2026

Can You Sue Your Home Inspector for Missing Termites? 2026
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Last Modified on Jun 12, 2025

Owning a home is a huge accomplishment. Unfortunately, being a homeowner can quickly turn into a financial disaster when you come across termites. Because most buyers have a licensed home inspector visit a property to identify visible problems before the sale goes through, you may be wondering if you can sue your home inspector for missing termites.

Luckily, there are certain laws in place that give homeowners the right to file claims against inspectors who miss severe conditions. At Campbell Law, P.C., we can help you take legal action against negligent home inspectors who caused you financial harm.

What Does a Home Inspector Do?

Home inspectors are individuals who are paid to inspect a property’s condition in detail. Home inspections generally cover key areas, including the roof and plumbing systems, along with electrical components, HVAC systems, and the property’s structure. Professionals conducting general home inspections do not specifically seek out signs of damage or infestations, but should always be aware of what they look like.

A pest or termite inspection is not typically included in a general home inspection unless it is specified. In many states, a termite inspection is done by a licensed pest control professional who is looking for evidence of wood-destroying organisms and infestation, such as mud tubes, hollow-sounding wood, frass, and exit holes. If you would like a termite inspection done before purchasing a house, it’s crucial that you request one from the proper entity.

Termites and other pests are often found inside walls or hidden structural components. Therefore, they are unlikely to be identified during a general home inspection unless there is a visual cue.

When Can You File a Claim Against a Home Inspector?

To file a claim against a home inspector for missing termites, you must prove negligence or breach of contract. In other words, you must prove the inspector did not perform their duties as a reasonably prudent inspector would under similar circumstances.

A court may determine an inspector violated standards if they did not notice visible mud tubes or wood damage, or if they purposely refrained from including information about termite damage. Termite damage that remained hidden inside walls or behind furniture might not result in an inspector’s liability. A successful claim should prove:

  • The inspector owed you a duty of care based on your contract.
  • They breached that duty by missing something they reasonably should have seen.
  • You suffered financial damages as a result of the inspector’s oversight.

What Can You Recover When You File a Claim Against a Home Inspector?

Termites damage around 600,000 homes every year in the United States. Because of this, almost $5 billion is spent nationwide on termite control and damage repair each year.

If you win your claim against a home inspector, you can recover various types of damages, depending on the extent of the damage and how the inspector’s negligence affected your finances. Homeowners typically file a claim to recover the following:

  • Cost of repair or remediation for termite damage to structural components
  • Cost of termite treatment and extermination
  • Loss in home value due to physical damage or stigma
  • Costs of relocation or temporary housing

Some states allow homeowners to recover their legal fees and court costs. Courts may also award punitive damages in extreme cases, such as where an inspector acted with fraud or gross negligence.

Termite Tom & Campbell Law Pc

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Hire a Termite Damage Lawyer You Can Count on

Campbell Law, P.C., works solely in termite litigation. This means that we’re devoted to protecting renters, homeowners, and business owners alike against termite damage and the harm it causes. We provide powerful legal representation against pest control firms and negligent home inspectors. Our law firm has resolved more than 19,000 termite damage cases and has collected more than $300 million in compensation for our clients.

Our legal background within pest control enables us to recognize deceitful inspections and invalid termite bonds, as well as fraudulent treatment practices. We understand the frustrating nuances of termite cases, from active infestations to hidden damage and ignored warning signs. Let us take the burden off your shoulders, navigate the legalities of your case, and fight to get you the compensation you are owed.

FAQs

Can You File a Claim Against a Termite Inspector?

Yes, you can file a claim against a termite inspector for negligence. If they missed obvious signs of damage, misrepresented their findings, or overlooked infestations that resulted in costly repairs, you can take legal action. A termite damage attorney can help you file termite damage claims to seek compensation for repair costs or loss of property value due to missed infestations.

Are Home Inspectors Liable If They Miss Something?

Home inspectors who miss major issues like structural damage or pest problems face potential legal claims if negligence was involved. If you relied on the home inspection report and experienced losses, you may be able to pursue termite damage cases. A termite damage lawyer can assess if the inspector breached their duty to you and help you seek compensation through legal action.

What Happens If Termites Are Found During a Home Inspection?

If termites are discovered, this can lead to a sale being delayed or even canceled, and can start negotiations about repairs. As a buyer, you have the right to ask for treatment or repairs before closing. However, if termites were missed on an earlier inspection, you may want to hire a termite damage lawyer. An attorney experienced in termite damage cases can help you with possible termite damage claims against inspectors or sellers who didn’t disclose what they knew.

Who Is Liable If Termite Damage Is Found After a Home Inspection?

Liability will vary depending on the damage as well as whether the inspector reasonably should have noticed it. Inspection negligence may be established when inspectors overlook apparent wood damage, mud tubes, or blatant termite activity. Contacting a termite damage attorney can help you determine whether or not a home inspector is liable.

Reach Out to Termite Tom and His Team Today

If your home inspector missed termites, you may be entitled to compensation. Termite Tom can help. Contact us today to learn more.

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5336 Stadium Trace Parkway Suite 206
Birmingham, Alabama 35244

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Mobile, Alabama 36604

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