Last updated on October 14th, 2026 at 10:32 am
The Inspection Said No Termites. The Walls Said Otherwise.
My brother paid a professional to check his Houston-area house before closing. The report came back clean. It wasn’t. Here’s what he did about it, why it happens so often in Houston, and what it means if you’re the one selling.
What Happened
My brother did everything buyers are told to do. He hired a professional before closing and read the report. No termites. He closed.
Then the termites showed up. Not a little activity in a corner. An actual infestation that a paid professional had signed off on as not being there.
He didn’t just eat the cost. Here’s the order he worked it in:
- Step 1
Got a second opinion in writing. An independent termite inspection confirmed the infestation and, as far as it could, that it was there before he bought.
- Step 2
Pulled the original report and contract. Those two documents define what the company promised to look for and what it tried to disclaim.
- Step 3
Had an attorney send a demand letter. It laid out what was missed and what it would cost to fix. A letter from a real estate attorney lands differently than a phone call.
- Step 4
Got ready to sue. He was seriously weighing it.
- Outcome
He never had to file. Faced with a documented miss and a lawyer’s letter, the company paid for the remediation and recovery instead of fighting it in court.
A clean termite report is an opinion about what someone could see that day. In Houston, the worst termites live where nobody looks.
Why a Paid Inspector Can Miss Termites in Houston
Houston isn’t just a bad termite city. It’s where Formosan termites got their start in Texas. According to Texas A&M’s urban entomology program, they were first found in 1956 around the Houston Ship Channel in Pasadena, most likely brought in on wooden shoring timbers. They’ve since turned up in more than 30 Texas counties, including Harris, Fort Bend, Galveston, Brazoria, Chambers, and Liberty.
Three things make them easy to miss:
- They nest inside the house. Formosans build carton nests out of chewed wood, soil, and saliva, sometimes several cubic feet, and they can sit inside wall cavities above ground. You don’t see them unless the drywall comes off.
- They swarm when nobody’s watching. Native termites swarm in daylight. Formosans swarm at night, mostly late May and early June, and pile up around porch lights and windows. A spring inspection on a sunny afternoon can miss all of it.
- The colonies are huge. A typical colony runs over a million insects. Same kind of damage as native termites, just faster.
Now Flip It: You’re the One Selling
My brother’s story is a buyer’s story. But the lesson cuts harder for sellers. If an inspector can miss termites, so can a buyer’s inspector looking at your house. And if termites turn up after closing, the first question everyone asks is: did the seller know?
What You Have to Disclose
Under Texas Property Code § 5.008, most sellers of a single-family home owe the buyer a Seller’s Disclosure Notice. The termite questions cover:
- Active termites or other wood-destroying insects
- Termite or wood rot damage that still needs repair
- Previous termite damage, even if it was fixed
- Previous termite treatment, even years ago
The standard is what you know. You don’t have to hire an inspector before you list. But if you’ve seen mud tubes, swarmers around the porch light in May, soft spots in the floor, or you paid for treatment once, that’s known. It goes on the form.
“As-Is” Won’t Cover Hiding It
Texas courts generally enforce as-is clauses. The big case is Prudential Insurance Co. v. Jefferson Associates (Tex. 1995). But the same court said an as-is clause doesn’t protect a seller who lies about the property or conceals a known defect to get the deal signed. On top of that, the Texas Deceptive Trade Practices Act lets a buyer recover up to three times their economic damages when the conduct was knowing.
Translation: as-is protects you from what you didn’t know. It does nothing for what you hid. If you’d rather sell with the termite history disclosed and skip the treatment bids, an as-is sale in Houston is the other route.
Does Texas Require a Termite Inspection to Sell?
No Texas law requires one before a sale. The buyer’s loan usually decides.
- VA loans: Texas is one of the states where the VA requires a termite inspection report.
- FHA loans: Only when there’s evidence of active infestation or damage, when local rules or custom call for one, or when the lender wants it. A Houston appraiser who spots mud tubes will trigger it.
- Conventional and cash: Up to the buyer. Most Houston buyers order one anyway.
And don’t count on insurance. Standard homeowners policies treat termite damage as a maintenance problem, not a sudden loss. It comes out of your pocket or off the price.
Your Way Out, Depending on What You’ve Got
It was treated, the damage is fixed, and you have paperwork
List it normally. Hand buyers the treatment records and any transferable warranty up front. Paperwork turns a scary line on the disclosure form into a solved problem.
You have active termites but little damage
Treat first, then list. Liquid treatment quotes on a typical Houston house tend to run about $800 to $3,000. Formosan jobs often need follow-up, so give yourself time.
The damage reached joists, sill plates, or studs
Get a repair bid before you decide anything. Structural repairs can run into five figures, and financed buyers get nervous fast. See selling a house with structural issues and foundation problems in Houston.
Termites are one problem of several
Old pipes, foundation movement, termites. Fixing each one separately adds up quickly. An as-is cash offer prices the whole house at once. If you also have old plumbing, see galvanized pipes in Houston.
Whatever path you lean toward, get the repair numbers and an as-is offer side by side before you spend a dollar. Bodebuilders buys Houston houses with active termites and old damage, disclosed and priced in. Here’s how our process works.
Questions We Get From Houston Sellers
Can you sue a previous homeowner for termites in Texas?
Yes, if the seller knew and didn’t disclose. A buyer can bring fraud and DTPA claims, and an as-is clause won’t protect a seller who concealed a known defect. If the seller truly didn’t know, the claim is much weaker, and the buyer may have a better case against the inspector who missed it.
Does Texas require a termite inspection?
Not by state law. VA loans in Texas require one. FHA requires one when there are signs of termites or when the lender asks. Conventional and cash buyers decide for themselves, and most order one.
Is it hard to sell a house with termite damage in Houston?
Not if it’s disclosed and priced right. Houston buyers see termite history all the time. What kills deals is surprise: an active finding after the contract is signed, or structural damage that a lender won’t fund.
Is it okay to buy a house that has been treated for termites?
Usually, yes, if there’s paperwork. Ask for the treatment records, what product was used, whether there’s a transferable warranty, and whether any damage was repaired. In Houston, ask specifically whether the treatment was for Formosan termites.
Do I have to disclose termite treatment from years ago?
Yes. The Seller’s Disclosure Notice asks about previous termite treatment and previous damage, not just what’s active today. If you know about it, it goes on the form.
Selling a Houston house with termites?
Active infestation, old damage, or both. Tell us what you know and get an as-is cash offer in 24 hours.
This page shares a real family experience for illustration. Outcomes in inspection disputes vary. It is general information, not legal or pest control advice. For your situation, talk to a Texas real estate attorney and a TDA-licensed pest control professional. Sources: Texas A&M AgriLife Urban Entomology (Formosan subterranean termite), Texas Property Code § 5.008, Prudential Ins. Co. of America v. Jefferson Associates, 896 S.W.2d 156 (Tex. 1995), HUD FHA property guidance.