Termite Letter (WDI Report) for Buying or Selling a Home in Tennessee

What a termite letter is

In Tennessee, the “termite letter” asked for in many home sales is a wood destroying insect infestation inspection report. State law (Tenn. Code Ann. § 62-21-202) says the report shows whether visible wood destroying insects, or visible damage caused by them, were present on the day of the inspection. Obstructions and areas the inspector could not reach have to be noted in the report.

In East Tennessee the insect the inspector is mostly looking for is the eastern subterranean termite, which lives in the soil and reaches wood through mud tubes. That is why crawl spaces, porches, garages and the foundation get the most attention.

Who can issue one

For a sale or transfer of real property, only a pest control company chartered by the Tennessee Department of Agriculture (TDA) and licensed, or employing staff licensed, in the wood destroying organisms category may issue the report (§ 62-21-201). The person doing the inspection must hold that license or be a certified applicator working under the direct supervision of someone who does.

TDA’s consumer tips say a company may only do business legally in Tennessee if its charter number is shown on its company vehicle, and that you can ask to see the applicator’s certification or license card. You can also check TDA’s list of chartered companies.

What the report must include

• The property address
• A graph or diagram showing the layout of the property
• Any areas of damage or active infestation
• Areas that were obstructed or inaccessible
• The name of the licensed or certified person who did the inspection
• The pest control company’s name, address and charter number
• The inspection date and any recommended corrective action

The report is made on forms prescribed by the National Pest Management Association (NPMA) and HUD. Lenders and agents often call it the NPMA-33 or WDI report.

The 90-day warranty

Tennessee law treats the report as a warranty, for 90 days, of the accuracy of what it says. If that warranty is breached, the person the report was issued to can recover repair costs related to it, and a company that knowingly issues a false report, or issues one without a physical inspection, faces triple damages (§ 62-21-202). This warranty is about the report’s accuracy. It is not a promise that termites will never show up later, and it is not a treatment contract.

How to prepare for the inspection

Make sure the inspector can reach the crawl space entrance, the attic hatch, the garage walls and the areas under sinks and around the water heater. Move stored items away from foundation walls where you can, and pull mulch or firewood back from the siding. Anything the inspector can’t see gets written up as inaccessible, which can lead to questions from the buyer or lender.

Have any past termite treatment paperwork or a transferable termite contract ready. In Tennessee a termite control contract has to include a way to transfer it to a later owner during its term, so it may move with the house.

If termites or damage are found

The report will show where the activity or damage is and what corrective action is recommended. Treatment is a separate service. TDA’s rules say a termite contract must be written before treatment, must include at least a one-year retreatment warranty, and, if it doesn’t cover damage repair, must say so clearly on the front. TDA also suggests asking to be shown the damage and evidence of termites before you sign. Ask whether a liquid soil treatment or a baiting system is being proposed and how each works.

Timing and who orders it

Who orders and pays for the report, and how recent it must be at closing, depends on your purchase contract and loan. Ask your agent or lender which form and timing they need, then book the inspection early enough to leave room for treatment if anything is found.

Sources: Tenn. Code Ann. § 62-21-202, TDA pesticide consumer tips, TDA pesticide charters. This guide is general information, not legal advice.