🧠 Real Agent Scenario
“The Buyer Says the Seller HAS to Fix Old Termite Damage”
Scenario
A CL-100 Wood Infestation Report is delivered showing no active termite infestation, but it notes previous termite damage in the crawl space.
The buyer reviews the report and tells their agent:
“There’s termite damage listed — the seller has to repair this before we close.”
The agent is unsure and tells the buyer they’ll “push the seller to fix it,” assuming the CL-100 requires repairs anytime damage is noted.
🧑⚖️ Broker Guidance
The CL-100 does NOT require sellers to repair all termite damage.
According to the report:
Damage must be disclosed even if repairs are deemed unnecessary
The inspection is visual only
The report is not a warranty or guarantee
Inspectors are not engineers or builders
Structural evaluation is recommended for the purchaser, not required of the seller
The seller’s obligation is limited to:
Treating active infestation, if present
Satisfying conditions required for issuance of the CL-100
Previous, non-active termite damage does NOT automatically trigger a repair obligation.
🔍 What the Seller IS Required to Do
Treat active infestation, if noted
Provide documentation of treatment if required
Comply with any specific requirements necessary for the pest company to issue the CL-100
🚫 What the Seller Is NOT Required to Do
Repair old or historical termite damage
Upgrade framing to current standards
Perform cosmetic repairs
Open walls or inaccessible areas
Provide structural certification
Disclosure ≠ repair.
🚫 Common Agent Mistakes
Telling buyers the seller “has to fix” any damage listed
Treating the CL-100 like a repair list
Promising repairs without seller agreement
Interpreting structural integrity
Escalating a non-issue into a contract dispute
✅ Correct Action Steps for Agents
Slow the conversation
Explain the difference between active infestation and previous damage
Refer — don’t interpret
Recommend buyer consult a licensed contractor or structural engineer if concerned
Negotiate properly
If buyer wants repairs, negotiate them in writing
Use SCR Form 525 or Form 390 if both parties agree
Document the explanation
Confirm in writing that the CL-100 is not a repair mandate
Note buyer’s decision to proceed, negotiate, or terminate (if applicable)
🧠 Broker Tip
The CL-100 is a disclosure tool — not a renovation requirement.
Sellers must satisfy active infestation requirements, not buyer expectations.
If a buyer wants all termite damage repaired, it must be negotiated and written into the contract.
