Once settlement has occurred, the contract's termite clause has been performed and no longer protects you. In Virginia your position turns on a narrower question: did someone make a false statement or actively conceal the condition? Virginia is a caveat emptor state, so silence alone is generally not actionable.
This is general information, not legal advice, and this page cannot assess your situation. Post-closing claims depend on specific facts, specific documents, and deadlines. Speak with a Virginia real estate attorney before deciding anything.
Why this is harder in Virginia than elsewhere
Virginia follows caveat emptor — let the buyer beware — and is consistently listed among the core states that still do.
Under the Virginia Residential Property Disclosure Act (Va. Code § 55.1-700 et seq.), the statement a seller provides is not a disclosure of defects. It says the seller makes no representations about the property's condition and that inspection and due diligence are the buyer's responsibility.
So the usual post-closing argument — "they should have told me" — does not work here on its own. Virginia sellers generally have no duty to volunteer defects.
What a seller may not do: lie outright, answer a direct question falsely, or take active steps to conceal a known problem.
That line, between permitted silence and prohibited deception, is where these cases live.
The four questions that decide where you stand
Before anything else, answer these. They determine whether there is anything to pursue.
1. Did you ask, and what were you told? A false answer to a direct question is a different matter from silence. Written questions and written answers are worth far more than recollection.
2. Was anything actively hidden? Fresh paneling over a damaged sill, new trim over hollowed wood, a repair that conceals rather than fixes. Active concealment is treated differently from saying nothing.
3. What did the report actually say? If you received an NPMA-33, read the obstructions section. If the damaged area was listed as inaccessible, the report disclosed a limitation you were on notice of.
4. Was there a warranty or bond? A termite bond may transfer with the property and may cover retreatment or repair. This is a contract claim, entirely separate from anything about disclosure.
Question four is the one most often overlooked and the one most likely to produce an actual remedy without litigation.
What claims exist, in general terms
Where a seller misrepresented or fraudulently concealed a latent defect, Virginia buyers may have causes of action including breach of contract, rescission, and fraud in the inducement. Punitive damages are available on a showing of willful, wanton and reckless material misrepresentation or omission.
That is the general framework. Whether any of it applies to your facts is a question for a lawyer, and the practical hurdle is usually proof of knowledge: showing that the seller knew.
Deadlines: do not assume you have time
Virginia Code § 8.01-249(1) provides that a fraud claim accrues when the fraud is discovered or when it should have been discovered through the exercise of due diligence. The limitation period for fraud actions is two years from accrual.
Two consequences follow, and both cut against waiting.
"Should have discovered" is doing real work in that sentence. The clock may start earlier than the day you actually found out.
Two years passes quickly when the first year goes to repairs and arguments.
If you think you may have a claim, get advice early rather than after the repair is finished and the evidence is gone.
Before you call a lawyer: preserve the evidence
This is the part where people damage their own position, usually by fixing things.
Photograph everything before any repair. Damage in place, surrounding construction, anything that looks like concealment.
Get a written report. A licensed inspector documenting what is present, and where, and — where it can be established — how long it has likely been there.
Do not discard removed material. A section of damaged framing is evidence.
Gather the paper: the NPMA-33 if there was one, the disclosure statement, the contract with all addenda, the listing, and every written exchange with the seller or the agents.
Ask about age. Whether damage predates the sale is central, and it is a technical question. Not every inspector will opine on it; ask directly whether they will.
Where you stand, by role
If you just closed and found damage
Your position depends on the four questions above, not on the termite clause.
Your action: document everything before repairing anything, get a written inspection report, and consult a Virginia real estate attorney about the specific facts and the deadline.
If you bought "as is"
The contract's condition provisions were removed and the statute gave you no disclosure right. What remains is only the narrow deception question.
Your action: the same documentation steps still matter, because active concealment is actionable regardless of an "as is" clause. But set expectations accordingly.
If you are the seller and the buyer is claiming
Silence was permitted; a false answer was not. What you said in writing matters most.
Your action: gather your own records — any prior inspection, treatment, or bond — and get advice before responding substantively.
If you are still under contract and have not closed
You are in a far better position than this page describes. The contract clause is still live, and the seller's obligations still apply.
Your action: see our page on what happens when live termites are found before closing.
The bond question, revisited
Check whether the property carries a termite bond or warranty from a prior treatment. Ask the treating company directly, using the property address — bonds are frequently forgotten by sellers and not mentioned in the transaction.
If one exists and transferred, you may have a contractual right to retreatment and, depending on the terms, to repair. That is a straightforward claim against a company, not a fraud case against a person.
Before you call: what costs what
An inspection and a treatment are two separate services with separate prices, and conflating them is the most common way people end up surprised by a bill.
| Typical Virginia range | What it produces | |
|---|---|---|
| Wood-destroying insect inspection and report | $65–$200 | the NPMA-33 form |
| General pest inspection | often free where the company expects to quote treatment | a verbal or written assessment |
| Termite treatment | $500–$2,000; more where damage is extensive | a treatment record |
| Structural repair | quoted by a contractor, frequently the largest of the three | an invoice, not a pest control document |
What is usually free: a quote for treatment, once a company has seen the problem.
What is usually not: the inspection report used in a real estate transaction, and any visit that produces a document rather than a price.
Ask which applies before you book. A company quoting one figure covering both inspection and treatment is not quoting what a sales contract or a lender requires.
Common misunderstandings
"The seller had to disclose it." In Virginia, generally not. The statutory statement says the opposite.
"The inspector missed it, so the inspector is liable." The report covers visible evidence in accessible areas and expressly disclaims latent and concealed conditions. If the area was listed as inaccessible, the limitation was disclosed.
"A clean report means someone was at fault." A clean report means nothing visible was found where the inspector could look.
"I have plenty of time." The clock may start when you should have discovered the problem, and the period for fraud claims is two years.
"I should fix it first and sort out the money later." Repairing before documenting destroys the evidence any claim would rest on.
"There is nothing I can do." Possibly — but check for a transferable bond before concluding that.
What to ask an inspector now
- Is this damage active or historical, and what is the basis for that conclusion?
- Can you estimate how long it has been present, and will you put that in writing?
- Is there evidence of prior treatment — drill patterns, bait stations, treated soil?
- Is there evidence that damage was covered rather than repaired?
- What is the full extent, and what needs opening up to establish it?
- Will you provide a written report suitable for use in a dispute?
That last question matters. Not every company will write a report intended for a legal context; ask before booking rather than after.
What to have ready before you call
Property address, settlement date, foundation type, a copy of the NPMA-33 if one exists, the disclosure statement, the contract with addenda, photographs of what you found, and any knowledge of prior treatment or a bond.
Frequently asked questions
Does homeowners insurance cover termite damage? Standard policies generally exclude it as a maintenance issue rather than a sudden loss. Read your policy; do not assume either way.
Can I claim against the inspector? Only in narrow circumstances, and the report's express limitations on visible evidence and accessible areas are the first obstacle. An attorney can assess it.
How much does repair cost? It depends entirely on scope. Treatment commonly runs $500 to $2,000; structural repair is a separate contractor cost that rises quickly once framing is involved.
Will this affect my resale? There is no public termite registry. What follows the house is its physical condition and what you say when you become the seller — where the same rules about lying and concealment will apply to you.
Should I treat first or document first? Document first. Then treat. Treatment is urgent but not same-hour urgent, and photographs cannot be taken retroactively.
Verify before you pay anyone
VDACS publishes an updated list of licensed pesticide businesses weekly, with a public lookup for confirming an active Pesticide Business License. Wood-destroying pest control is category 7b under 2VAC5-685-70.
Ask which name the license is held under — trade names often differ from the licensed entity.
VPMA maintains a directory of inspectors holding its voluntary WDI certification — relevant here, because a report that may be used in a dispute should come from someone trained in this specific work.