SELLING & BUYING  /  LIVE TERMITES FOUND BEFORE CLOSING: WHAT HAPPENS NEXT
SUMMARY

Live Termites Found Before Closing: What Happens Next

A wood-destroying insect finding rarely kills a Virginia home sale. Under the standard Northern Virginia contract the seller pays for treatment and for repair of the damage identified in the report, and provides written evidence before settlement. What the finding actually costs you is time — and time is what you have least of.

This is general information, not legal advice. Your options depend on the exact contract you signed, including any addenda and contingencies. Confirm with your agent or attorney before acting.


The first thing to understand: this is a schedule problem

Treatment is fast. A subterranean termite treatment is usually a one-day job.

Repair is not. If the report identifies damaged framing — a sill plate, a rim joist, a section of subfloor — you now need a contractor, and contractor availability is outside everyone's control. That is where transactions actually slip.

So the useful question on day one is not "who pays" — the contract answers that — but "can the work be finished before settlement, and if not, what do we do instead."

What the contract obligates

Under the NVAR Residential Sales Contract, treatment for live wood-destroying insects and repair of damage identified in the report are made at the seller's expense, with written evidence provided before settlement.

Two things people miss:

Repair is included, not just treatment. Treatment might be $500 to $2,000. Replacing a damaged sill plate is a construction cost that can run several times that.

The obligation attaches to what the report identifies. Damage the inspector did not see — because a crawl space was blocked or a basement was finished — is not covered by an obligation tied to that report.

The four ways this usually resolves

ResolutionWhen it fitsWho carries the risk
Seller completes work before settlementenough time remainsseller
Repair credit to buyer at closingtiming is tight, buyer wants own contractorbuyer
Price reductiondamage is extensive, scope uncertainbuyer
Escrow holdbackwork started but not finishedshared, per the holdback terms

A credit is simpler when a contractor cannot be scheduled before settlement. It also transfers the risk of a bad estimate: if the repair turns out worse than expected, that is now yours. Buyers commonly negotiate for more than the bare estimate for exactly this reason.

Can the buyer walk away

Not automatically, and this surprises people.

The termite provision obligates the seller to treat and repair. It is not, by itself, a right to void the contract because insects were found.

Whether you can withdraw depends on the inspection contingency you signed:

  • A full inspection contingency generally allows you to request remedies or to terminate.
  • A void-only contingency allows cancellation in defined circumstances but does not support repair demands.
  • No contingency, or an "as is" purchase leaves you with neither.

Read which one is in your contract before you assume you have an exit.

What the lender does

For loans requiring a wood-destroying insect report, the loan cannot close until the condition is resolved and clearance is documented. The lender is not negotiating with you — it is applying a program rule.

This has a practical consequence: the lender's requirement can override a private agreement between buyer and seller. If the two of you agree on a post-closing credit but the program requires completed treatment before funding, the credit arrangement does not work.

Confirm with the lender before you paper any agreement that leaves work undone at settlement.

If settlement slips past 90 days

The report is generally treated as valid for about 90 days, which matches the contract's own window. A delayed settlement can push you past it, and the lender may require re-inspection before final approval.

Ask the moment your date moves. A re-inspection ordered a week out is routine; the same re-inspection discovered two days before settlement is a crisis.

What happens next, by role

If you are selling

You carry the cost of treatment and of repairing the damage identified in the report, and you must produce written evidence before settlement.

The pressure is scheduling. Get quotes for both the treatment and the repair immediately, in parallel, not in sequence — the repair quote is the one that determines whether the timeline works.

Your action: book the treatment now and get a firm repair date in writing. If the repair cannot be completed in time, raise a credit with the buyer's side early rather than at the walkthrough.

If you are buying

You are entitled to the report and to written evidence of any work performed.

Before you accept the paperwork, verify that the firm named on the treatment record holds a current Virginia pesticide business license. Then read the obstructions section of the report — if the treated area adjoins something the inspector could not reach, the finding may be narrower than the actual problem.

Your action: if you are offered a credit instead of completed work, get your own repair estimate before agreeing to a number. The seller's estimate was written to be small.

If you are the agent on either side

The contract answers the payment question. Your exposure is the timeline and the lender rule.

Your action: confirm the lender's position on completed-versus-credited work before drafting an addendum that assumes a credit is acceptable.

If you are buying "as is"

The condition provisions are gone. The seller owes you neither report, nor treatment, nor repair.

Your action: you still have a contingency period, if you negotiated one. Use it to inspect and to price the work yourself, because after settlement it is entirely your cost.

What voids the seller's obligation

Three situations recur:

  • An "as is" clause, which removes the condition provisions.
  • A negotiated addendum substituting a credit or a different allocation.
  • Areas the inspector could not access, which fall outside the finding and therefore outside the obligation attached to it.

Damage found after settlement

Once you close, this clause has been performed and no longer helps you.

Virginia is a caveat emptor state: a seller must not lie or actively conceal, but has no general duty to volunteer defects. A post-closing claim therefore turns on whether someone made a false statement or hid something — not on the termite paragraph. That is an attorney's question, not a pest control company's.

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 rangeWhat it produces
Wood-destroying insect inspection and report$65–$200the NPMA-33 form
General pest inspectionoften free where the company expects to quote treatmenta verbal or written assessment
Termite treatment$500–$2,000; more where damage is extensivea treatment record
Structural repairquoted by a contractor, frequently the largest of the threean 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

"Termites mean the deal is dead." They mean a schedule problem and a negotiation. Most transactions close.

"The seller has to fix everything termite-related." The obligation attaches to what the report identifies.

"We can just agree to handle it after closing." Only if the lender agrees. Program rules can override your arrangement.

"A credit is the safe choice for the buyer." A credit transfers the risk of an underestimated repair to you.

"Treatment and repair are one job." They are different trades with different prices and different schedules.

What to ask the inspector or treatment company

  • Is the damage active, old, or both — and how can you tell?
  • What is the treatment method, and how long until it is complete?
  • Does your quote include a written treatment record suitable for settlement?
  • Is re-inspection after treatment included or billed separately?
  • Do you perform structural repair, or is that a separate contractor?
  • What conducive conditions did you note, and which of them matter most?
  • Under what name is your Virginia license held?

The question about active versus old damage is the one that changes the negotiation. Old damage from a colony treated years ago is a repair question; active infestation is both.

What to have ready before you call

Property address, year built, foundation type, settlement date, a copy of the report with the finding, and whether the loan program requires clearance before funding.

Frequently asked questions

How long does treatment take? Typically a single day for subterranean termites. Repair depends entirely on scope and contractor availability.

How much does it cost? Treatment commonly $500 to $2,000; extensive infestation or structural damage $2,000 to $5,000 and up. Repair is separate and quoted by a contractor.

Can the buyer choose the company? When the seller is paying under the contract, the seller ordinarily selects. When a credit is given instead, the buyer chooses.

Does a treatment record satisfy the contract? The contract requires written evidence of treatment and repair before settlement. Ask your agent what your lender and settlement company will accept.

Will this show up later when I sell? There is no public termite registry. What follows the house is the physical condition and whatever you disclose when you become the seller.


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 — the trade name and the licensed entity often differ.

VPMA maintains a directory of inspectors holding its voluntary WDI certification.

CONTACT

Ready to talk to someone?

Describe what you found and where, and ask for the inspection and the treatment to be quoted separately. That one request tells you more about a company than any review will.

(888) 217-3626
Licensed Virginia operators. No obligation, and no charge for the call.
Calls connect you to independent licensed operators, and we may receive compensation when that happens. It costs you nothing.
Before you call: what costs what
ServiceVirginia rangeWhat it produces
Wood-destroying insect inspection and report$65–$200the NPMA-33 form
General pest inspectionoften freea verbal or written assessment
Termite treatment$500–$2,000+a treatment record
Structural repaircontractor quotean invoice, not a pest control document

A quote for treatment is usually free once a company has seen the problem. The report used in a sale usually is not. Ask which applies before you book.

SOURCES
Sources
NVAR Residential Sales Contract, form K1321 · NPMA-33 Wood Destroying Insect Inspection Report — National Pest Management Association · Virginia Residential Property Disclosure Act, Va. Code § 55.1-700 et seq. · Virginia Administrative Code 2VAC5-685-70, Categories for commercial applicator certification · Virginia Department of Agriculture and Consumer Services, Office of Pesticide Services · Published Virginia pest control pricing surveys, 2026