Do Sellers Have To Make Repairs After A Home Inspection?

One of the most common questions sellers ask after a home inspection is whether they have to make every repair a buyer requests.

The short answer is no.

Under the standard New Jersey REALTORS® contract, a buyer may conduct inspections and provide written reports along with a list of requested repairs within the inspection time period. That does not mean every requested repair automatically becomes the seller’s obligation.

The contract provides a process for what happens next, including how the seller may respond and what options may then be available to the buyer. Because attorneys can modify the standard contract terms during attorney review, the specifics of an individual transaction may be different.

DOES A BUYER AUTOMATICALLY GET THE REPAIRS THEY REQUEST?

A home inspection may evaluate many different systems and components, but an inspection finding does not automatically mean the seller must make every repair a buyer requests.

No.

A home inspection report may contain many observations about the property, ranging from routine maintenance items to more significant physical concerns.

Under the standard New Jersey REALTORS® contract, the buyer may have the property inspected by qualified inspectors and, within the inspection time period, provide the seller and brokers with written reports that include a list of repairs the buyer is requesting.

That request does not automatically require the seller to complete everything on the list.

The inspection report identifies conditions found at the property. The repair request identifies what the buyer would like the seller to address.

Those are not the same thing as the seller agreeing to make the repairs.

For sellers who are still preparing to put their home on the market, some repair decisions are worth considering before the property ever reaches the inspection stage. I took a closer look at that in Should I Make Repairs Before Selling My Home?

DOES THE SELLER HAVE TO AGREE TO THE REQUESTS?

A buyer may submit inspection reports and request repairs, but that does not automatically mean the seller has to agree to every item.

Not necessarily.

For general physical defects or environmental conditions covered by the inspection contingency, the standard New Jersey REALTORS® contract gives the seller seven business days after receiving the inspection reports to notify the buyer in writing whether the seller will correct or cure the reported defects.

If the seller does not agree to make the requested repairs, the contract does not automatically force the seller to complete them.

Instead, the buyer then has the contractual right to decide whether to void the transaction within the applicable timeframe. If the buyer does not exercise that right, the contract remains in effect and the seller is no longer obligated under that inspection provision to correct those defects.

In practice, buyers and sellers may continue discussing possible solutions through their attorneys or other professionals involved in the transaction. The inspection terms may also have been modified during attorney review, but the standard inspection contingency provides the basic framework for how these requests are handled.

WHAT HAPPENS IF THE SELLER AGREES TO MAKE REPAIRS?

When a seller agrees to address inspection items, the agreed work should be clearly documented and completed according to the terms of the transaction.

If the seller agrees to correct or cure the defects, the standard New Jersey REALTORS® contract provides that the agreed repair work is to be completed before closing.

The exact scope of the work will depend on what the seller has agreed to address.

This is one reason inspection agreements should be clear. Buyers and sellers should understand which items are being addressed and what is expected before the transaction reaches closing.

Not every inspection issue necessarily ends with the seller completing a repair. Depending on the transaction, the parties and their attorneys may agree to another solution. Whatever is agreed upon should be clearly documented rather than assumed.

ARE THERE SOME INSPECTION ITEMS THAT ARE HANDLED DIFFERENTLY?

Yes.

The general home inspection provisions are not the only inspection-related terms in the standard New Jersey REALTORS® contract.

Radon has its own testing and remediation provisions. Wood-boring insects are addressed separately, with specific responsibilities and cost thresholds. Homes built before 1978 may also be subject to separate lead-based paint inspection provisions.

That is why sellers should not assume every inspection issue is handled exactly the same way.

The type of condition involved, the applicable contract language, and any changes made during attorney review can all affect what happens next.

THE SIMPLE ANSWER

A home inspection does not automatically create a mandatory repair list for the seller.

Under the standard New Jersey REALTORS® contract, the buyer may inspect the property and submit written reports along with requested repairs within the applicable inspection timeframe. The seller then has the opportunity to respond.

If the seller agrees to correct or cure an item, the agreed work is to be completed before closing. If the seller does not agree, the buyer may have contractual options, including the right to void the transaction within the applicable timeframe.

The exact process can vary depending on the contract terms and any changes made during attorney review.

Understanding that basic framework can make the inspection period much easier for sellers to navigate.

What This Means For You

If you’re starting to think about your next move, whether buying or selling, having a good understanding of what to expect in the current real estate market can help you be better prepared and put yourself in a stronger position.

I’ve been working in this market for over 13 years, with close to 500 transactions across Hamilton Township, Bordentown, Florence Township, Roebling, and surrounding areas. And one thing I’ve learned is that every town, and even different sections within a town, can feel very different depending on the home and the buyer.

My approach is simple and relationship-driven. I focus on helping you make the right decision for your situation, not just the next transaction.

If you want to talk through your situation, explore homes for sale in New Jersey, and get a better feel for what makes the most sense, I’m always here to help.

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