No there was no evidence of negligence and frankly, the plaintiff's main contention was that when he went to remodel his bathtub, they opened the wall (which is also an exterior wall) and found termite damage.

Uhh yeah.

1. They had a termite inspection prepurchase and in the disclosures it states that there are termites and we tented the entire building, but we didn't open up any walls.

2. The building was built in 1965 so it was 40 years old when the guy bought it.. DUHHH there are going to be termites


3. The disclosure clearly state that the remodel did NOT include any structural work aka replacing timbers.

4. He only found 4 bad studs in 3 walls of the bathroom

5. This is a "luxury" condo conversion located in Ocean beach, San Diego. It is litierally 1 block from the ocean. Yes. The likeliness that termites will be present in a 40 year old building one block from the ocean is pretty high.. Like 100% likely.



The bottom line is the guy bought the unit in 05 when everything was stupid high and now wanted to get ALL of his money (mortgage, hoa dues, property taxes and escrows) AND keep the property and get his "attorney's fees".

At one point he claimed that because of the termite disclosure, his unit would only be worth 150k. I personally offered him 175k at lunch and he laughed. I was dead serious.