Question 1

My termite company treated the house and the termites came back. Do I have a claim?

Accepted Answer

Often yes. EPA policy requires soil termiticides to prove five years of control before sale, so termites returning within that window usually point to a misapplied treatment or missed retreatment, not a bad product. A bond typically owes retreatment and, under a repair bond, the damage repair. Preserve evidence and don't treat or repair before your claim is documented.

Question 2

Does my homeowners insurance cover termite damage?

Accepted Answer

Almost never. Standard homeowners policies exclude insect and vermin damage and gradual damage like rot and deterioration, and termite damage falls inside both. Courts applying Alabama law enforce the insects/vermin exclusion by its ordinary meaning. That's why the termite bond matters — the claim usually runs against the pest-control company, not the insurer.

Question 3

The bond says disputes go to arbitration. Am I stuck?

Accepted Answer

Usually enforceable, but not always. Allied-Bruce Terminix v. Dobson held the Federal Arbitration Act reaches termite bonds broadly and preempts Alabama's older anti-arbitration statute. Some claims can fall outside a clause — like fraud on a termite letter with no arbitration provision — and whether a later buyer is bound depends on the facts. We assess the clause at intake.

Question 4

How long do I have to sue over termite damage?

Accepted Answer

Less time than people expect. Alabama gives roughly two years for fraud, suppression, and negligence, but a fraud claim runs two years from when you discovered or should have discovered it. Florida differs after 2023 reform — four years for fraud, two for negligence, with a delayed-discovery rule. Because termite damage is hidden, the discovery question often decides the case.

Question 5

The termite company says the damage is 'old' and predates my bond. Is that the end of it?

Accepted Answer

No — 'old damage' is an argument, not a verdict. A company that inspected before and missed the damage may be liable for misreporting, and 'no live termites' doesn't prove damage is old. It turns on the inspection graphs and dated reports. Alabama courts have seen companies lose the graph and mischaracterize damage to dodge repairs — conduct that can support fraud, not just breach.

Termite bond, warranty, and pest-control disputes

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From the Library — Termite Claims writing