Negotiating Inspection Repair Requests in NJ: A Guide for New Agents
The short answer: After a New Jersey home inspection, the buyer decides whether to accept the home as it is, ask for repairs, ask for a credit or lower price, or cancel if the contract allows. The contract sets how long the buyer has to give the report to the seller, and how long the seller has to decide whether to fix the problems (NJ DOBI buyer guide). The report belongs to the buyer. The inspector may not share it without the client's written approval, and the rules say a real estate agent is not the client's representative (N.J.A.C. 13:40-15.19; 13:40-15.2).
What follows is a practical sequence for a new agent. Your broker's procedures and the attorneys on the deal come first. For how the inspection contingency itself works, see our contingencies guide.
What does a NJ inspection report actually tell you?
New Jersey sets standards for what a home inspection report must contain. It has to describe the systems and components that were inspected, list any material defects, explain their significance, and recommend whether to repair, replace or monitor each one, or have a specialist look. It does that "without determining the methods, materials, or cost of corrections" (N.J.A.C. 13:40-15.16(c)2).
The same rule lists what an inspector isn't required to do. That includes (N.J.A.C. 13:40-15.16(b)):
- determine how long a system will last
- determine operating costs
- determine code compliance
- determine market value or whether to buy
So the report tells you what is wrong. It usually doesn't tell you what fixing it costs. If a repair request depends on a number, the buyer will need estimates from contractors or a specialist.
Who gets to see the report?
The buyer controls it. A licensed home inspector may not share the report or its results without written approval from the client or the client's representative. The one exception is an imminent health or safety risk the occupant couldn't easily detect (N.J.A.C. 13:40-15.19(a)6). Under the rules, the "client's representative" is an attorney the client has named in writing. A real estate broker or agent doesn't count (N.J.A.C. 13:40-15.2).
In practice, the buyer decides whether the seller sees the full report or just the list of requests. Get the buyer's direction in writing before you send anything (our suggestion).
Can the inspector also do the repairs?
No, not for a fee. A licensed inspector may not perform or offer to perform paid repairs on a structure their company has inspected. They also can't pay brokers or agents for referrals (N.J.A.C. 13:40-15.19(a)). Repair estimates should come from someone else.
What are the deadlines?
They come from the contract, not from a state rule. The state's buyer guide notes that the contract limits how long the buyer has to give the report to the seller, and how long the seller has to decide whether to fix the problems (NJ DOBI buyer guide). Put both dates on your calendar the day the contract is final. Our contract-to-closing checklist shows where they fall among the other deadlines.
Don't confuse this with attorney review. That three-business-day window comes earlier and has its own rules.
How should a buyer decide what to ask for?
A simple way to sort the report (our suggestion):
- Safety and major systems first. Electrical hazards, roof leaks, structural concerns, heating failures.
- Items a lender may require. For example, Fannie Mae requires repairs first when a property has deficiencies that affect safety, soundness or structural integrity (Fannie Mae Selling Guide B4-1.3-06). The buyer's lender can say what applies.
- Specialist follow-ups. Anything the inspector flagged for a specialist, before the deadline passes.
- Cosmetic items last, if at all. Long lists of small items can stall a negotiation.
Repairs, a credit or a lower price?
| Option | How it works | Things to check |
|---|---|---|
| Seller repairs before closing | Seller hires and pays for the work | Who does it, proof it was done, any town permits, and a re-inspection before closing |
| Credit at closing | Seller pays part of the buyer's costs | Lenders cap seller concessions. See seller concessions vs. price reductions |
| Price reduction | Contract price goes down | Changes the loan amount and the appraisal comparison |
| No change | Buyer accepts the home as is | Fine if the buyer is comfortable. See buying "as is" |
There's no single right answer. A credit lets the buyer control the work. Seller repairs suit items the lender needs fixed before closing. Whatever is agreed, put it in writing the way the contract requires, and give every party a copy of what they sign (N.J.A.C. 11:5-6.2(a)). Ask your broker who drafts the amendment, and coordinate with the attorneys if they're involved.
What should the listing side keep in mind?
- The seller can say no. Then the buyer's options depend on the contract's inspection clause.
- Known defects stay known. If the deal falls apart, the listing brokerage still has to disclose material information it knows to later buyers (P.L.2024, c.32, s.2.f). Talk with the seller about whether the disclosure statement needs updating, and send legal questions to their attorney.
- Agents aren't inspectors. A NJ licensee isn't held to a licensed home inspector's standard (P.L.2024, c.32, s.2.j). Don't guess at repair costs or causes. Refer to the report and the contractors.
Inspections, contingencies and disclosure are all part of NJ's licensing coursework. Business Elementary's 75-hour course is one place to learn them before your first deal.
Sources
- N.J.A.C. 13:40-15.2 (definitions), 13:40-15.16 (standards of practice), 13:40-15.19 (prohibited practices), via Cornell LII: https://www.law.cornell.edu/regulations/new-jersey/N-J-A-C-13-40-15-2 ; https://www.law.cornell.edu/regulations/new-jersey/N-J-A-C-13-40-15-16 ; https://www.law.cornell.edu/regulations/new-jersey/N-J-A-C-13-40-15-19
- NJ Department of Banking and Insurance, buyer guide: https://nj.gov/dobi/division_consumers/pdf/buyingahome.pdf
- P.L.2024, c.32, s.2.f and 2.j: https://pub.njleg.state.nj.us/Bills/2024/PL24/32_.PDF
- N.J.A.C. 11:5-6.2 via Cornell LII: https://www.law.cornell.edu/regulations/new-jersey/N-J-A-C-11-5-6-2
- Fannie Mae Selling Guide B4-1.3-06: https://selling-guide.fanniemae.com/sel/b4-1.3-06/property-condition-and-quality-construction-improvements
Last reviewed: November 1, 2026
Frequently Asked Questions
Can a NJ seller refuse to make any repairs?
Yes. No state rule requires a seller to agree. What happens next depends on the inspection clause and its deadlines (NJ DOBI buyer guide).
Does the inspection report say how much repairs will cost?
Usually not. NJ standards require recommendations "without determining the methods, materials, or cost of corrections," and inspectors don't have to estimate operating costs (N.J.A.C. 13:40-15.16).
Can the home inspector fix the problems they found?
Not for a fee. NJ rules bar an inspector from performing or offering paid repairs on a home their company inspected (N.J.A.C. 13:40-15.19(a)1).
Can the buyer's agent give the seller a copy of the report?
Only if the buyer agrees. The inspector needs the client's written approval to share it, and an agent isn't the client's representative under the rules (N.J.A.C. 13:40-15.19; 13:40-15.2).
Who checks that agreed repairs were done?
The contract and the parties decide. A common approach is a re-inspection or receipts before closing, plus a final walk-through if the contract provides for one (our suggestion).