Termite Compliance Guide

    Section 1 vs. Section 2 on a California termite report (and who pays)

    Two words on a WDO report decide who writes the check in a California home sale. Here is what Section 1 and Section 2 actually mean, where the custom about paying comes from, and what a "clearance" really is.

    The two sections, side by side

    Every California Wood Destroying Pests and Organisms Inspection Report (the WDO or "termite report", required content set by Business and Professions Code Section 8516) classifies its findings into two buckets:

    Section 1: happening now

    • Live subterranean or drywood termites
    • Active fungus or dry rot
    • Damage caused by wood destroying pests or organisms
    • Evidence of active infestation or infection

    Section 2: likely later

    • Earth-wood contact
    • Excessive moisture or plumbing leaks
    • Faulty grade against the foundation
    • Cellulose debris in the subarea

    The line between them is evidence. A leaking shower with fungus damage under it is Section 1. The same leaking shower with dry, sound wood underneath is Section 2. Same shower, different section, very different conversation in escrow.

    Who pays

    Nothing in California law assigns the cost. The allocation is purely a matter of the purchase contract, but the custom is so entrenched that most transactions follow it without discussion: the seller pays for Section 1 work so the property can deliver a clearance, and Section 2 items go to the buyer, who can fix the preventive stuff on their own schedule after closing, or negotiate credits for it.

    The custom exists because of lenders. When a loan requires the Section 1 findings to be corrected before funding, the seller is the party who can get the work done while the house is still theirs. VA loans in particular commonly require a wood destroying pest inspection and Section 1 correction before closing.

    What a "clearance" actually is

    After the corrective work is done, the structural pest control company files a Notice of Work Completed with the Structural Pest Control Board, and the property can show a report with no outstanding Section 1 findings. That package is what escrow officers, agents, and lenders call a "Section 1 clearance" or "termite clearance." It is a creature of custom and lender policy, not a defined legal document, which is why exactly what a given lender accepts can vary.

    The third category: further inspection recommended

    Reports also list areas the inspector could not access: a locked attic, a furniture- blocked garage wall, an inaccessible subarea. These are neither Section 1 nor Section 2 until someone opens them and looks (agents informally call them "Section 3 items"). In a sale, an unopened area is an unpriced risk, which is why buyers often pay for the further inspection before closing rather than inherit the surprise.

    WDO reports with the sections already sorted

    Serv AI turns an inspector's dictated findings into a formatted WDO report: each finding written up, placed in its section, and keyed to the diagram. The inspector makes the calls; the software does the typing.

    Related guides: the California WDO report (Section 8516), WDO vs. WDI, or browse all guides.

    Section 1 vs. Section 2 FAQ