Property Inspection and Repair
Section (c) contains information on Wood Destroying Organism (“WDO”) Inspection and Repair. The second section, section (ii), addresses WDO Repairs. This section states that if the property was already treated for the type of WDO that was found by the Buyer’s WDO Inspection, Seller is not required to retreat the property if there is no visible live infestation of the property. However, Seller must provide to the Buyer at Closing a current and full treatment warranty for the type of WDO found at the inspection. However, if Seller is informed of damage that requires necessary corrective treatment by Buyer’s WDO Inspector’s report, it has 10 days to make the corrective treatment and then deliver a copy of the report to Buyer upon completion. The treatments must be made in accordance with section 12(f) and must be up to the WDO Repair limit. If the cost exceeds the WDO Repair limit, then 5 days after receiving the Seller’s receipt, the Buyer shall deliver notice to Seller agreeing to pay the excess or designating which repairs Seller should do and which repairs will be left in “as is” condition. However, if Buyer does not deliver this notice to Seller then either party may terminate the contract by written notice to the other. Buyer must then be refunded the deposit and Buyer and Seller would then both be released from any other obligations under the contract.