19 Excuses Termite Companies Make to Avoid Liability

When termite damage appears, pest control companies often deny responsibility with a familiar set of excuses — and most of those excuses don’t hold up. At Campbell Law, P.C., we have spent more than 25 years cataloging the excuses termite companies use to avoid paying legitimate claims. Here are the 19 most common, and what homeowners should know about each.

Key Takeaways – Companies routinely deny claims by blaming moisture, lapsed bonds, “old damage,” or the homeowner — arguments that frequently fail under the actual bond language and state law. – A company remains responsible for honoring its bond regardless of what its insurance carrier decides. – Soil termiticides must demonstrate complete termite control for at least five years in federal testing (EPA PRN 96-7) — so “the chemicals just wore off” is rarely a defense. – If you’ve heard any of these excuses, have a termite litigation attorney review your bond before accepting the denial.

Have You Been Given Any of These Excuses?

1. “We cannot renew your bond until you pay for re-treatment.” If your bond term is expiring and your home does not need re-treatment, the company cannot force you to buy services you don’t need as a condition of renewal.
2. “We can’t help you until you sign a new bond.” A termite bond acts as a warranty for the company’s work. If your existing bond hasn’t expired, the company must re-treat your home under its existing conditions — no new contract required.
3. “We aren’t responsible because there is moisture surrounding the damaged areas.” Pest control companies aren’t responsible for remediating the underlying causes of termite-conducive conditions, but they are generally responsible for fixing damage caused by the termites themselves — including infestations in moist areas.
4. “You have a re-treat only bond, so we don’t have to pay.” Soil termiticides must demonstrate complete termite control for at least five years in federal testing before they can be registered for sale. If your initial treatment failed, you may be able to hold the company liable for damage caused by its misapplication — regardless of how the company labels your bond.
5. “We will pay to fix the damage we found, but we won’t open the walls to see if there is more.” Pest control professionals know the true extent of termite damage often runs beyond what’s visible. If your bond includes inspection or repair obligations, refusing to assess the full extent of the damage — including opening walls where warranted — may constitute an inspection failure. Have a lawyer review your bond’s inspection clause.
6. “We have to see live termites; otherwise, it’s old damage, and we won’t pay.” The company may not be liable for damage from infestations that predate your current bond — but “no live termites” doesn’t prove the damage is old. If you believe the damage is new, contact a termite lawyer.
7. “Your bond has lapsed, so we don’t have to pay.” Companies may still be liable for damage that occurred while your bond was active. Letting the bond lapse afterward doesn’t necessarily erase responsibility for that earlier damage.
8. “We have no duty to find hidden damage.” Many termite bonds require a full inspection, which can include searching for hidden damage. Check your bond for inspection limitations — and have a termite lawyer evaluate whether the company met its obligations.
9. “The chemicals wear off, so you have to pay for re-treatment.” The company is responsible for any treatment gap that occurred during your bond period. You shouldn’t pay for re-treatment that your bond already covers.
10. “We cannot be held responsible for moisture and rot damage.” Companies aren’t responsible for underlying water damage that attracts termites — but any damage caused by insect activity is theirs to remediate.
11. “You dug up the chemical barrier, so the infestation is not our fault.” Disturbing the chemical barrier around your home can create termite-conducive conditions and may violate your bond’s terms. Contact a termite attorney to assess your specific situation.
12. “There are no swarmers, so the problem is not severe.” Not all severe infestations include visible swarmers. The company must perform a full inspection for other signs of activity.
13. “We only pay for subterranean termite damage, not Formosan termites.” Formosan termites are subterranean termites. This excuse is simply wrong.
14. “Your damage is caused by carpenter ants, not termites.” If both termites and carpenter ants are present, the situation gets more complicated — but the company remains liable for the damage the termites caused.
15. “Our bond releases us from liability.” Release language isn’t automatically enforceable. Have a termite lawyer determine whether the release in your bond actually holds up in your state.
16. “Old damage is indicated on this graph with an ‘X.’” If the company performed prior inspections and failed to note the damage then, it may be liable for misreporting.
17. “We are not required by your bond to inspect inside or annually.” Many termite bonds require annual inspections, and some require interior access. Review your bond’s inspection clause carefully — and don’t take the company’s word for what it says.
18. “We cannot renew your bond until all repairs are completed.” Generally true — but if the damage occurred while the previous bond was in place, the company may be the one responsible for making those repairs.
19. “Our insurance company refuses to pay.” You signed a bond with the pest control company — not with its insurance carrier. The company is responsible for honoring the bond’s terms regardless of what its insurer decides.

What Legal Claims Do These Excuses Point To?

If your pest control company has used any of these excuses after damage was found, talk to an attorney experienced in termite litigation. The conduct behind these excuses typically supports three kinds of claims:

• Fraud. Fraud occurs when a termite company knowingly claims it is inspecting, treating, or protecting a home against termites while taking no action. Common examples include false inspection reports, claiming to have completed treatments that were never performed, and selling unnecessary services. It’s a fraud case whether the company exaggerates a problem to sell products or minimizes one to dodge repair work.
• Misrepresentation. Misrepresentation — another form of fraud — occurs when contractors provide false or incomplete information about an infestation or the products used to treat it, often leaving homeowners with ineffective treatments and ongoing infestations.
• Breach of bond. A breach of bond occurs when a company fails to uphold the terms of its termite bond: missed inspections, neglected infestations, or refusal to make covered repairs. Breaches can involve fraud, but they don’t have to — and they often lead to additional, preventable damage.

The distinction matters: a company is negligent when it fails to apply termite treatments correctly, and it commits fraud when it knowingly misrepresents the work it performed. If a company tells you to pay for re-treatment soon after the first one, it may be because the initial treatment was applied negligently. The average homeowner facing termite damage pays about $3,000 in repairs — don’t add unnecessary treatments to that bill.

Hire a Termite Lawyer Today

Pest control companies that commit fraud or breach their bonds should be held accountable — and a civil claim can also recover your damages. The team at Termite Tom can help, with more than 25 years of experience and over 21,000 claims handled for homeowners. Contact us to schedule an initial consultation.