The tenting should have killed termites in the attic as well. Hopefully they were able to open up the access.
What your report means is no one was able to look to see if you had any termite damage to the roof or attic.
You did not say what kind of termite you had, but it is highly probable there is also damage in the attic if they were "everywhere".
There isn't any recourse. We have termites in CA, both subterranean and flying ones. Every house either had or will have termites at some point in time, no matter how careful you are. I routinely inspect mine whenever I have to go under a house for anything.
What recourse are you seeking? You were informed by the termite company that the attic was not covered in the treatment they made in treating your house.
There would be a guarantee of the area covered by the termite company.
The recourse I think you are seeking is who can you sue, the seller or the termite company.
Apparently, during the course of your inspector or the appraisal report, it was found that termites existed in some parts of the property. You were informed thus you hired a termite company.
It appears that you would need to treat the termites in the attic. I see this as the only recourse you have.
It is not like you were not warned about the fact that termites and that the treatment you received did not cover the attic.
I hope this has been of some benefit to you,good luck.
"FIGHT ON"
As the buyer, it was your responsibility to have the building properly inspected for any structural or termite problems. If the inspection and treatment contract states that the attic was not inspected, then it is your responsibility to make access so that it can be inspected. The tenting should ensure that the fumigation reaches into the attic space, but the contract clearly states that it is no guaranteed. Any furtther termite damage is going to be your responsibility.
So you found termites in the attic? Your recourse is to pay for the new issue to get fixed. You were told to get another inspection, you didn't do it. You made an assumption, it bit you in the butt.
Do you have a termite bond?
Was a termite bond offered by the seller/builder (don't know your situation)
My thougts are, if you did not by a lightning rod, or lighting rod insurance on you home. If lightning strikes you still owe the bank for the house you failed to protect.
get it fixed as any 'recourse' is years away to prove it.