
How to Handle Inspection Issues as a Seller in New York
The home inspection is one of the most anxiety-producing steps in the sale process — particularly for sellers. You've accepted an offer, you're looking forward to moving on, and then the buyer's inspector finds a list of items that the buyer's attorney is now using as leverage in contract negotiations.
When Does the Inspection Happen in New York?
In New York, the home inspection typically happens after the offer is accepted but before the contract is signed. This is the standard sequence:
- Buyer makes an offer; seller accepts (not yet binding)
- Buyer conducts a home inspection
- Attorneys negotiate and finalize the contract of sale
- Both parties sign the contract — this is when the deal becomes legally binding
- Transaction proceeds to closing
There is no attorney review period in New York. Once both attorneys have negotiated the contract and both parties sign, it is binding. There is no automatic escape hatch after signing based on inspection results.
How Inspection Issues Come Up in Contract Negotiations
After the inspection, the buyer's attorney will typically send the seller's attorney a list of requested concessions or repairs. This might take the form of:
- A request for a price reduction
- A request for a seller concession (a credit at closing toward the buyer's costs)
- A demand that the seller repair specific items before closing
- A request that certain items be noted in a contract rider
How to Evaluate Inspection Requests
Major structural or safety issues — foundation problems, serious roof damage, faulty electrical panels, active water intrusion, mold. These are typically non-negotiable from a buyer's perspective, and most lenders will also require them to be addressed. It's often better to offer a realistic credit than to commit to repairs.
Significant but correctable items — an aging water heater, a cracked chimney cap, a slow-draining fixture, missing GFCI outlets. These are worth addressing through negotiation, but individually they should not be deal-breakers.
Minor or cosmetic items — a loose door handle, minor caulking around a tub, a missing downspout extension. Buyers sometimes include these to create negotiating room. You are not obligated to address every minor item on an inspection report.
Should You Repair or Credit?
In most cases, sellers are better off offering a credit at closing rather than completing repairs before closing:
- You don't control the quality of repairs the buyer expects
- The buyer may second-guess your choice of contractor
- Completed repairs create new potential disputes
- A credit lets the buyer choose their own contractor after closing
The exception is when a lender requires a specific repair to be completed before issuing a mortgage commitment.
What If the Buyer Asks for Too Much?
If the buyer's demands are unreasonable — requesting credits for normal wear and tear or demanding large price reductions for minor items — your attorney can push back. An experienced seller's attorney knows what is standard in the market.
Prepare Before You List
The best way to handle inspection issues is to minimize surprises. Before listing, consider:
- Walking through the property with fresh eyes for obvious deferred maintenance
- Addressing any open permits or violations with the NYC Department of Buildings
- Getting receipts and records for any recent repairs or system replacements
- Completing and reviewing your Property Condition Disclosure Statement honestly
Work With an Attorney Who Has Seen It All
At Weinman Law Offices, Pete Weinman has negotiated countless inspection-related concessions on behalf of sellers throughout Staten Island and knows how to get your deal to the closing table without unnecessary cost or drama.
For a complete overview of the entire selling process, see The Staten Island Home Selling Process: A Step-by-Step Guide.
Contact Pete today: Call (718) 442-2010 | Text (718) 957-8121 | Weinman@StatenIslandLaw.com
Legal Disclaimer
The information provided in this blog post is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this content. The information may not reflect the most current legal developments and may not apply to your specific situation. For legal advice concerning your individual circumstances, please consult with a licensed attorney. Do not rely on this information as a substitute for professional legal counsel. Past results do not guarantee similar outcomes in future cases.
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