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Last Modified on May 11, 2026
Termite damage becomes a legal case when a pest control company fails to perform the inspections, treatments, or repairs required by your termite bond — and your home is damaged as a result. If you still have termites after professional treatment, there’s a strong chance the company didn’t do what it was supposed to do.
Key Takeaways – A termite bond is a service contract that acts as a warranty against termite infestation; most include annual inspections, and many include re-treatment or repair coverage. – EPA policy requires soil termiticides to prove complete termite control for at least five years before they can be sold — so a failed treatment usually points to the application, not the product. – Negligence claims require proving duty, breach, causation, and damages. – According to the National Pest Management Association (NPMA), termites cause an estimated $6.8 billion in U.S. property damage annually, affecting roughly 600,000 homes.
What Is a Termite Bond?
A termite bond is a service contract between a homeowner and a pest control company that functions as a warranty against termite problems. Under the bond, the company typically agrees to perform annual inspections and address termite activity before it gets out of hand. The three main types are:
- Termite treatment bonds — require annual inspections and treatment of any infestations that arise.
- Termite prevention bonds — cover preventative treatments designed to stop an infestation from developing in the first place.
- Termite repair bonds — also cover repairs to the home for damage stemming from a termite infestation.
Termite bonds typically require the company to monitor the treatment’s effectiveness and include free re-treatment if termites reappear within the bond period. Some bonds transfer to a new owner when the home is sold; others cover only the current homeowner. Because terms vary from contract to contract, have a termite lawyer review your bond before assuming what is or isn’t covered.
How Effective Should a Termite Treatment Be?
Soil-applied termiticides cannot simply be put on the market: EPA registration policy (PRN 96-7) requires these products to demonstrate complete control of termites for at least five years in standardized federal field testing before they can be sold to pest control contractors. If your home was treated with a soil termiticide and the termites came back during that window, the most likely explanation is that the company applied the product incorrectly or failed to re-treat on schedule. Under most bonds, the company is responsible for re-treating your home — and it may also be liable for damages from a preventable infestation.
How Do You Prove Negligence in a Termite Damage Case?
You prove negligence by establishing four elements: duty, breach, causation, and damages.
- Duty. Your contractor took you on as a client when you signed the bond and owes you a duty of care: adhere to the bond’s terms and apply treatments correctly.
- Breach. Failing to apply treatments correctly, or failing to identify an infestation or reinfestation during inspection, breaches that duty.
- Causation. The company’s failure must have led directly to your new infestation.
- Damages. Your home or the wooden belongings inside it must have been damaged. Note that underlying problems like water damage from leaky plumbing generally aren’t covered under termite bonds — the company is responsible for damage caused by the termites themselves.
Supporting evidence can include inspection reports, termite letters, a copy of your termite bond, photos and videos of the termites and damage, and — where state law allows recovery — proof of non-economic harm such as mental anguish.
Do not attempt to repair termite damage yourself before your case is documented: repairs can destroy the physical evidence your claim depends on.
How Much Damage Do Termites Cause Each Year?
According to the National Pest Management Association, termites cause an estimated $6.8 billion in property damage annually in the United States, damaging roughly 600,000 homes each year — many of them in the termite-prone Southeast. USDA estimates put Formosan termite control and repair spending alone at $1–2 billion annually. The average homeowner who discovers termite damage spends about $3,000 on repairs, and unchecked infestations can cost substantially more.
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FAQs
What smell do termites hate?
Termites avoid strong scents that disrupt their pheromone trails, including orange oil, wintergreen, neem, tea tree oil, and cedarwood. Cloves, cinnamon, garlic, and cayenne pepper may also deter them. However, these natural remedies cannot contain large colonies or treat full-scale infestations.
Can you file a claim against a termite inspector?
Yes. If a termite inspector failed to catch signs of an active infestation and you have a termite bond in place, you can file a negligence-based claim. These claims against pest control companies are relatively common; work with an experienced termite litigation attorney.
Which states are the worst for termites?
The worst states for termites are in the Southeast — Alabama, Florida, Mississippi, and Georgia — along with Texas, particularly the Gulf Coast. Termites thrive in warm, moist environments, which is why termite bonds are common in these states.
How many termites are considered an infestation?
A single swarm is considered an infestation. Finding roughly 50 to 100 winged termites inside your home indicates a mature, hidden colony of thousands — or, with Formosan termites, potentially millions. A few stray termites may not mean a full-blown infestation, but piles of discarded wings or large numbers of insects typically point to an established, long-term problem.
Hire a Termite Lawyer Today
Homeowners trust termite treatment and repair companies to protect their largest investment — and those companies don’t always live up to their promises. If yours didn’t, a termite lawyer can hold the company liable for its negligence. Termite Tom is one of the Southeast’s leading termite litigation practices, with more than 25 years in termite litigation and over 21,000 claims handled for homeowners. Contact us to schedule an initial consultation today.
