Bartos Group BLOG

In a practical, concise discussion led by Mary Bartos of The Bartos Group and legal advisor Peter Huy of Huy Jacob P.A., sellers are offered a clear framework for deciding whether to order home inspections before listing a property or to wait until a buyer requests one. This article summarizes their guidance, expands on the legal and strategic considerations, and offers practical recommendations to help sellers align inspection timing with their goals. Mary Bartos and Peter Huy unpack a common real estate dilemma: should a seller proactively obtain Home Inspections or allow the buyer to uncover issues later in the sales process?

Why the Question Matters

At the heart of the decision is risk management. Both paths—ordering Home Inspections before listing or waiting for the buyer’s inspection—carry advantages and drawbacks. Mary frames the issue by noting the question she hears most often from sellers: “Do I inspect before I put my house on [the market] or should I wait until I’m under contract and the buyer inspects?” Peter sums it up with a memorable line: “Regardless of what you do it’s going to be a double-edged sword.”

Key Considerations

Choosing whether to order Home Inspections ahead of time is not a one-size-fits-all decision. The appropriate choice depends on multiple variables:

• Seller objectives: Is the seller more focused on a quick, clean sale, or on maximizing price with minimal surprises?
• Buyer psychology: Will the prospective buyer want certainty up front, or are they comfortable negotiating after their inspection?
• Property history: Are there known elements like unpermitted work that could complicate disclosure?
• Market dynamics: In a seller’s market, waiting for a buyer inspection may carry less risk; in a buyer’s market, proactive disclosure could be advantageous.

Pros and Cons of Ordering Home Inspections Before Listing

Getting a pre-listing Home Inspection can bring clarity and control. Sellers who value predictability like to “know everything that’s going on with the house” so they can address issues before a buyer appears. Benefits include:

• Ability to repair defects on the seller’s timeline, often at lower cost and stress.
• Stronger marketing position: a recent inspection report can reassure buyers and reduce negotiation friction.
• Faster closings because fewer surprises arise during the buyer’s due diligence period.

However, proactive inspections also carry consequences. Peter highlights the legal obligation tied to knowledge: once a seller learns of defects—especially unpermitted work—they may have to disclose them. That disclosure can affect buyer perception and value. Peter warns that if the seller discovers issues via a pre-listing inspection and fails to disclose them, they may face potential liability if the buyer later finds out.

Pros and Cons of Waiting for the Buyer’s Home Inspections

Many sellers choose to list as-is and allow buyers to inspect once under contract. This is a common approach and often works well, especially when the seller prefers not to trigger mandatory disclosure of previously unknown defects. Advantages include:

• No upfront expense for an inspection the seller might ultimately not need.
• Potential to avoid early disclosure of minor issues that buyers might accept or negotiate through repair credits.
• Opportunity to respond to buyer concerns only if and when they arise, which can be efficient if the seller’s agent and vendors are prepared.

On the downside, waiting can produce last-minute pressure. If a buyer’s Home Inspections reveal problems, the seller may have to “turn on a dime” to make repairs, agree to escrow, or negotiate credits. A seller who prefers certainty may find that timeline stressful.

Permitting and Disclosure: a Legal Lens

One of the most important themes Peter raises is permitting. If a pre-listing inspection reveals unpermitted work, the seller’s obligations change. The seller must disclose unpermitted work if they become aware of it. If the seller performed the unpermitted work themself, the duty to disclose is even stronger.

Peter also describes a practical legal mechanism often used with older homes that have multiple prior owners: carefully drafted disclosure language. For properties with uncertain histories, language can be included in the sales paperwork to put the buyer on notice that the seller cannot verify every prior modification. Such language informs the buyer that performing their own Home Inspections and due diligence is their responsibility. This approach does not absolve sellers from disclosing known issues, but it clarifies expectations when documentation is lacking.

How Seller Goals and Personality Influence the Decision

Mary and Peter agree that the choice hinges on the seller’s personal goals and temperament. Consider these archetypes:

• The Certainty Seeker: Wants a clean sale with minimal surprises. Likely to order pre-listing Home Inspections and address issues beforehand.
• The Market-Maximizer: Prefers to list quickly and test the market. Will often wait for a buyer inspection and negotiate if issues arise.
• The Risk-Averse Discourser: Worried about legal exposure from undisclosed findings. May proactively inspect and fully disclose to avoid later disputes.

Each approach is valid; the key is aligning strategy with the seller’s risk tolerance and timing needs.

Practical Tips for Sellers

Mary and Peter offer pragmatic, actionable guidance for sellers who are weighing their options:

1. Define clear goals before deciding: prioritize speed, price, or certainty.
2. Consult both an agent and an attorney when permitting questions or potential liability exist.
3. If the property is older or lacks reliable documentation, consider disclosure language that encourages buyer due diligence.
4. If ordering pre-listing Home Inspections, use the report to make targeted, cost-effective repairs that will improve marketability.
5. If waiting for the buyer’s inspection, pre-vet contractors and repair resources to respond quickly if negotiations require fixes.

Responding to a Buyer’s Inspection Report

When a buyer performs Home Inspections, a few realities typically hold true. Peter notes that, in practice, most inspection items are addressable. Mary’s team is described as “pretty efficient and expedient” at handling buyer inspection requests. Sellers should prepare for three common outcomes after a buyer’s report:

• Seller agrees to complete repairs before closing.
• Seller offers a credit or price adjustment in lieu of repairs.
• Buyer proceeds without a negotiated remedy (less common when major defects are present).

Rarely is a problem entirely unresolvable; the negotiation is usually about timing, scope, and cost allocation. The seller’s readiness to act—having contractors and funds available—can greatly influence the smoothness of the process.

Sample Disclosure Approaches

For sellers who worry about unknowns, Peter recommends tailored disclosure language. Examples include statements that:

• Notify buyers that the property is older and may have had prior work performed.
• Place responsibility on buyers to perform their Home Inspections and rely on those results for decision-making.
• Clarify that the seller’s representations are to the best of their knowledge, with explicit mention of any known unpermitted work.

Such language helps manage expectations and reduce post-closing disputes, while still complying with legal disclosure requirements.

Conclusion: It Depends—Choose by Design, Not Default

The central takeaway from Mary and Peter’s conversation is simple but crucial: there is no universally correct answer. Whether to order Home Inspections before listing or to wait for the buyer depends on the seller’s objectives, personality, the condition and history of the home, and the local market climate. Sellers who proactively define their priorities and consult real estate and legal professionals can make a choice that minimizes risk and maximizes their chances of a successful sale.

Ultimately, the market sees both approaches frequently. Many sellers wait for the buyer’s inspection and successfully negotiate repairs or credits. Others prefer the certainty of pre-listing Home Inspections and use the results to strengthen their listing. Either path can work when chosen intentionally and managed well.

Frequently Asked Questions

What are the main advantages of ordering Home Inspections before listing?

Ordering Home Inspections before listing allows sellers to identify and repair issues on their timeline, present a clean inspection report to potential buyers, reduce surprises during negotiations, and potentially speed up closing. It also gives sellers an opportunity to budget for repairs and market the property more transparently.

Can ordering a pre-listing Home Inspections create legal obligations?

Yes. If a pre-listing inspection reveals defects—especially unpermitted work—the seller may be legally obligated to disclose those issues. Failing to disclose known defects can expose the seller to potential liability if the buyer later discovers the problem.

What if the property has unpermitted work discovered during an inspection?

If unpermitted work is discovered and the seller knows about it, disclosure is typically required. Sellers should consult an attorney and consider including specific disclosure language to inform buyers about the home’s history. In some cases, obtaining permits or correcting the work before sale may be advisable.

Is it common for sellers to wait for the buyer’s Home Inspections?

Yes. Many sellers list their homes without a pre-listing inspection and wait for a buyer to conduct Home Inspections after a contract is signed. Most inspection items are addressable, and sellers often negotiate repairs or credits without derailing the sale.

How should a seller decide which approach to take?

Sellers should assess their goals (speed vs. certainty), the property’s condition and history, their tolerance for negotiation, and the local market. Consulting both a real estate agent and an attorney can help sellers choose a strategy that minimizes legal risk and aligns with their priorities.

Need more help?

For sellers in Southwest Florida and beyond, consulting experienced agents and a real estate attorney can clarify the best approach for Home Inspections. Strategic planning—rather than defaulting to habit—results in smoother transactions and fewer surprises.