What Defects are the Seller's Responsibility?
It is the inspector's responsibility to uncover and point out the visible defects. Questions over whether the Buyer or the Seller should pay for defects are not within the contractual responsibility of the inspector. No two real estate transactions are ever the same. Decisions over what the Seller is responsible for is really more of a process than a hard-and-fast decision.
The following items are normally repaired by Sellers:
- Structural defects
- Defects in the heating & air conditioning systems (other than maintenance)
- Electrical violations/defects
- Plumbing leaks & plumbing code violations
- Broken (but not cracked) windows / thermal panes
- Roof defects
- Safety issues
- Defective appliances (excluding clocks, lights, timers, etc.)
- Insect damage
- Inoperable systems
Defects not normally repaired by Sellers:
- Painting needs
- Cosmetic flaws (drywall damage, stained carpet and drapes)
- Minor window and door defects
- Defects in optional items (humidifiers, oven clocks, etc.)
- Maintenance items (dirty filters, clogged gutters, etc.)
The foregoing lists should be considered as a starting point, and are not exhaustive. Typically, once the inspection has been completed, the Buyer meets with the Realtor to make a list of defects (if any) which they feel the Seller should repair. The list is formalized on a written form and then sent to the listing agent so the Seller can reply. Deadlines for this process are normally specified in the purchase agreement.