- How do I know I need an attorney?
- What should I look for to indicate that I have not been treated fairly by my termite control company?
- If I have termite damage do I have property insurance coverage?
- What should I do if my insurance company denies my damage claim?
- What steps should our condominium board take if they suspect a problem?
- What should I do if I find termite damage in my newly purchased home?
- Do you handle cases on a contingency basis?
- Do you just handle cases throughout the state of Florida?
- Are you available to handle cases in other jurisdictions outside the state?
- What information do I need to provide to your office in order to properly evaluate your claim?
- Should I take photos of the damage?
- Should I save the damaged wood?
- Should I cancel my termite agreement if I am unhappy with my termite company?
- Is there a state agency that oversees the termite control companies?
Below are commonly asked questions we typically receive from prospective clients.
How do I know I need an attorney?
If you suspect that you have termite damage, in all likelihood, someone else is responsible, such as a termite or pest control company, insurance company, termite inspection company or seller of your property. If your situation involves any of these responsible parties, you need to contact our office for a free consultation and review of your termite damage case.
What should I look for to indicate that I have not been treated fairly by my termite control company?
The following items may indicate that you have not been treated fairly. In some cases it may be best to have our office review your contracts as the language can be confusing and ambiguous.
- Review your contract to determine if the termite company used unfair disclaimers of liability.
- Review your contract to identify if the termite company has unfairly forced you to waive your right to a jury trial by imposing an arbitration requirement.
- Review your records to make sure that the termite company has given you annual termite re-inspection reports that are required by law in most states.
- Review your records to make sure the termite company has given you treatment reports after every termite treatment as required by law.
- Review the treatment reports to ensure that your entire building has been completely treated which should be reflected on a treatment graph.
- If the termite company is not responding to your calls.
- If you continue to have active termite infestation, including swarming, even after the termite company treats your property.
- If the termite company refuses to treat your property even though you have active termite infestation.
- If they refuse to pay for repairs to the termite damage you incurred.
- If they refuse to renew your agreement without a contractual right to do so as these are typically lifetime contracts with a standard renewal fee.
- If they claim that the type of termite you are infested with is a different species than covered. For example: Subterranean vs. drywood termites.
- If the company claims that the suspected termite damage is water damage and therefore not covered by the contract.
- If the termite company is using a baiting system only.
- If they are using or have used any insecticide other than the liquid chemical Termidor for subterranean infestation.
What should I do if my insurance company denies my property damage claim?
Contact us immediately. You may still have a valid covered claim but we will need to review the policy to make that determination. You still have legal rights even though your claim has been denied
What steps should our condominium board take if they suspect a problem?
Under Florida law condominium board members have a fiduciary duty to the members of the condominium association. That fiduciary duty extends to protecting the property from termite infestation and damage. If termite damage is suspected it is extremely important that the authorized board member contact our firm to understand your rights.
What should I do if I find termite damage in my newly purchased home?
The seller has responsibility and you should therefore contact us. There may also be other potential sellers, real estate agents, termite inspectors and home inspection companies that are responsible. You may also have protection through the company that treated the property, and your existing homeowners insurance may also cover the damage. Do not assume you are not covered.
Are you available to handle cases in other jurisdictions outside of Florida?
Yes, we consider our practice one of the pre-eminent national law practices regarding termite law and have received national media attention from the likes of CNN and major media outlets. We are available to confer and partner with other firms on cases outside the State of Florida.
What information do I need to provide to your office in order to properly evaluate my claim?
All of your insurance policies and termite company contracts. If we need to look at other documents we will let you know. If you would like, feel free to Submit a Claim through our website.
Should I cancel my termite agreement if I am unhappy with my termite company?
Although you may be dissatisfied with your pest control company, you should not cancel your agreement until you obtain the advice of legal counsel. Otherwise you may unknowingly be forfeiting contractual and legal rights that you have.
Is there a state agency that oversees the termite control companies?
Yes. For example, in Florida the Department of Agriculture and Consumer Services, Bureau of Entomology and Pest Control . They also have the authority to investigate customer complaints and maintain a Florida Termite Help website.