Selling a House With Termite Damage in Florida
Florida's climate makes termites one of the most common issues homeowners run into, and termite history is one of the most frequent reasons a financed sale stalls at inspection. Here is generally what Florida law says about WDO reports, and what to check before selling a house with termite damage.
What a WDO inspection report actually is
WDO stands for wood-destroying organism, a category that includes termites along with certain other wood-damaging pests. Under Florida Statute 482.226, when a licensed pest control company inspects a property for wood-destroying organisms for purposes of a real estate transaction and either charges a fee or is asked for a written report, it must provide a WDO inspection report on a form prescribed by the Department of Agriculture and Consumer Services. The report has to document the inspection date, any visible evidence of past or present infestation and damage, areas that were inaccessible, and whether any treatment was performed. This is a regulatory framework for what a WDO report must contain once one is requested; it is not itself a requirement that every home sale include one.
Why financed sales often depend on a clear report
Florida law doesn't require a WDO inspection for every sale, but in practice many lenders do, and VA and FHA loans in particular commonly require a clear WDO report, or a report showing that any identified damage has been treated and repaired, before the loan can close. That's a lender or loan-program requirement rather than something F.S. 482.226 itself mandates, and specific requirements vary by lender and loan type. When a WDO inspection turns up active infestation or unrepaired damage, it can add treatment costs, repair costs, and delay to a financed closing, or cause the loan to fall through if the issues aren't resolved in time.
Disclosure obligations for known termite history
Under Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), Florida's supreme court held that a seller who knows of facts materially affecting the property's value, which are not readily observable and are not known to the buyer, has a duty to disclose them. Known termite damage, or a history of treatment, can fall within that duty depending on the specific facts, even in cases where repairs were already made, since it can still matter to a buyer or their lender. This isn't a categorical rule that requires disclosing every pest control service ever performed on a property; whether a specific fact must be disclosed depends on the circumstances. If the property also has open or expired permits from past repair work, see our guide on selling a house with open permits or unpermitted work in Florida for how that can separately affect a sale.
Where an as-is sale fits
An as-is sale does not eliminate the need to accurately disclose known material facts as applicable. What it can remove is the financing contingency that active termite damage most often threatens: a cash buyer isn't relying on a lender's WDO clearance requirement to close. That doesn't make treatment or repair costs disappear, it just moves the decision about whether and how to address them to whoever buys the property next. This can overlap with broader repair needs; see our guide on selling a house that needs major repairs in Florida for how financed buyers evaluate condition issues more generally.
Frequently asked questions
What is a WDO inspection report in Florida?
WDO stands for wood-destroying organism, which includes termites and certain other pests that damage wood in a structure. Under F.S. 482.226, when a licensed pest control company inspects a property for wood-destroying organisms for purposes of a real estate transaction and either charges a fee or is asked for a written report, it must provide a report on a state-prescribed form. The report documents visible evidence of infestation or damage, areas that were inaccessible, and whether treatment was performed.
Does Florida law require a WDO inspection before selling a house?
No. F.S. 482.226 regulates what must be in a WDO report once one is requested or a fee is charged for a real estate transaction inspection; it does not itself require every home sale to include a WDO inspection. In practice, many lenders, and VA and FHA loans in particular, commonly require a clear WDO report before closing, which is a lender or loan-program requirement rather than a Florida statutory mandate. A specific lender's requirements should be confirmed directly with that lender.
Do I have to disclose past termite damage or treatment when selling?
Under Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), a Florida seller who knows of facts materially affecting the property's value that are not readily observable and not known to the buyer has a duty to disclose them. Known termite damage or a history of treatment can fall into that category depending on the facts, even after repairs were made, since a buyer or their lender may still want to know about it. This is general information, not a case-specific legal determination.
Can I sell a house with active termite damage as-is?
Yes. An as-is sale does not eliminate the need to accurately disclose known material facts as applicable, but it does mean the seller isn't agreeing to treat or repair the damage before closing. Selling to a buyer who isn't relying on lender-required WDO clearance removes the financing contingency that active termite damage most often threatens, though the disclosure obligation for known damage still applies regardless of how the property is sold.
Dealing with termite damage and want to understand your options? Call OfferLink at 407-584-9111. We buy as-is across Florida, including Orange County, Seminole County, and Lake County. This article is general information, not legal advice. A title company or Florida real estate attorney reviewing your specific situation is the right resource for confirming what needs to be disclosed for a specific sale.