WDO Repairs Clause Samples

The WDO Repairs clause outlines the responsibilities and procedures for addressing repairs related to wood-destroying organisms (WDO), such as termites or carpenter ants, in a property transaction. Typically, this clause specifies which party is responsible for inspecting for WDO damage, how any necessary repairs will be handled, and the timeframe for completing such repairs before closing. By clearly defining these obligations, the clause ensures that any WDO-related issues are resolved prior to the transfer of ownership, thereby protecting both buyer and seller from unexpected costs or disputes.
WDO Repairs. If Seller previously treated the Property for the type of WDO found by ▇▇▇▇▇’s WDO 333 Inspection, Seller does not have to retreat the Property if there is no visible live infestation, and Seller, at Seller’s 334 cost, transfers to Buyer at Closing a current full treatment warranty for the type of WDO found. Seller shall within 335 10 days after receipt of ▇▇▇▇▇’s WDO Inspector’s report, have reported WDO damage estimated by an 336 appropriately licensed person, necessary corrective treatment, if any, estimated by a WDO Inspector, and a 337 copy delivered to Buyer. Seller shall have treatments and repairs made in accordance with Paragraph 12(f) 338 below up to the WDO Repair Limit. If cost to treat and repair the WDO infestations and damage to Property 339 exceeds the WDO Repair Limit, then within 5 days after receipt of Seller’s estimate, ▇▇▇▇▇ may deliver written 340 notice to Seller agreeing to pay the excess, or designating which WDO repairs Seller shall make (at a total cost 341 to Seller not exceeding the WDO Repair Limit), and accepting the balance of the Property in its “as is” condition 342 with regard to WDO infestation and damage, subject to Seller’s continuing Maintenance Requirement. If Buyer 343 does not deliver such written notice to Seller, then either party may terminate this Contract by written notice to 344 the other, and ▇▇▇▇▇ shall be refunded the Deposit, thereby releasing Buyer and Seller from all further 345 obligations under this Contract. 346 (d) INSPECTION AND CLOSE-OUT OF BUILDING PERMITS: