Should the seller be at the home inspection? Three facts decide most of the answer. In a buyer’s inspection the inspector’s duty runs to the buyer, not the seller. The report is confidential to the buyer. And the seller’s own account of the house is a separate document, the disclosure statement, which rests on what the seller actually knows. How much a seller gains by standing in the kitchen, and how much the seller risks, follows from those three.
We are Inspecwise, a New York State–licensed, InterNACHI-certified home inspection business based in South Ozone Park, Queens. Whether a seller stays is mostly a practice question, not a legal one. We cite the rules that shape the choice, we label everything else as practice, and we leave the legal application to your real-estate attorney.
Should the seller be at the home inspection? Start with whose inspection it is
A client is “any person who engages or seeks to engage the services of a home inspector” (Real Property Law §444-b), and “the duty of every home inspector shall be to the client” (§444-g). In a buyer’s inspection the buyer is the client. In the ordinary case the seller is not a party to the inspector’s agreement, though the seller’s side controls access to the house. A pre-listing inspection reverses this: the seller is the client and everything below flips. This guide is about the more common case, the buyer’s inspection of a house the seller is selling.
Here is what a seller can and cannot expect, whether or not the seller is in the house:
| Question | Answer | Basis |
|---|---|---|
| Can the seller see the report? | Only if the buyer, as the client, agrees. The report and its contents are confidential without the client’s express consent. | RPL 444-g(3); 19 NYCRR 197-4.3 |
| Will the seller hear the findings? | The immediate threats to health or safety, yes: the client consents in the agreement to the inspector disclosing those to the owner or occupants. The other findings go to the client. | 19 NYCRR 197-4.2(a) |
| Must the inspector move the seller’s belongings? | No. The inspector is not required to move furniture, personal or stored items. | 19 NYCRR 197-5.16(a) and (p) |
| Will the inspector operate what the seller has shut off? | Not required. A shut-down or inoperable system need not be operated, and neither need a heating system that has been shut down. | 19 NYCRR 197-5.16(m), 197-5.10(b) |
| Does the seller’s presence change what the inspector must do? | No. The Standards apply the same minimum to readily accessible systems either way. | 19 NYCRR 197-5.3 |
| Does the inspector work for the seller? | No. The inspector avoids conflicts of interest and may not take pay from more than one interested party unless it is disclosed to the client and agreed. | 19 NYCRR 197-4.7 |
Reasons the seller might stay, and reasons to leave
None of these is a rule. They are practice trade-offs, weighed against what the rules above allow.
Reasons to stay
- Access. You know which key opens the cellar door, how to reach the roof hatch and where the sub-panel is. An inspector who is not required to move anything may otherwise list a space as not observed.
- Shut-offs and quirks. The report has to state where the main water and fuel shut-offs are. You can show the boiler’s reset, the odd valve and the stair that sticks. The inspector need not operate valves, so you may be the only one who knows which one is which.
- Occupants and pets. You can hold the dog, move the car and tell a tenant who is coming.
Reasons to leave
- The buyer’s comfort. A buyer may ask more freely, and the inspector may talk more freely, when the owner is out of the house. The inspection is the buyer’s time.
- Everything you say can be repeated. A casual remark about a leak “a few winters ago” may be reported to the buyer’s attorney. Your disclosure statement answers the same questions on paper, so what you say in person should match it. Ask your attorney what is wise to say.
- You will not get the report. Hearing a finding at the visit does not entitle you to the document.
- It is easy to get in the way. The inspector works through a house in sequence, and an owner who follows slows it down.
A middle path works for some sellers: be there at the start to hand over keys and the access sheet below, then leave, and let the seller’s agent stay for access. Whichever you choose, tell the agents so the inspector and the buyer know what to expect.
A decision guide for common New York situations
These are practice suggestions, to be adjusted with your agent and attorney. They do not describe what any rule requires.
| Situation | A reasonable choice | Why |
|---|---|---|
| Vacant house, agent holds the keys | Seller stays away; the agent provides access. | Nothing needs explaining that an access sheet cannot. |
| Occupied one-family house with pets or children | Seller leaves and secures pets first. | The inspector does not have to enter an area judged dangerous, and loose animals make a room one. |
| Steam, oil or older heating with quirks only the owner knows | Seller leaves a written note, or is there at the start to show it and then leaves. | A system that is shut down or does not respond to the thermostat need not be operated, so a note on how it runs helps. |
| Two- or three-family with tenants | Seller coordinates entry in writing; whether the seller is on site matters less than who opens each unit. | A unit that cannot be entered is reported as not observed. |
| Co-op or condo unit | Seller or agent confirms the managing agent and building staff; the seller’s presence is optional. | The building controls the roof, basement and mechanical rooms. |
| Pre-listing inspection ordered by the seller | Seller attends and walks the house with the inspector. | The seller is the client, and the findings and the report are the seller’s. |
| Seller wants to hear the buyer’s inspector’s findings | Seller waits for what the buyer chooses to share, or orders a pre-listing inspection before listing. | The buyer’s report is confidential to the buyer. |
How the buyer’s inspector, both agents and the attorneys fit in
| Person | On the day (practice) | Afterward |
|---|---|---|
| Buyer (the client) | Often attends, at least for the end-of-visit walk-through, and asks questions. | Receives the written report within five business days, decides who else may see it. |
| Buyer’s inspector | Examines what is readily accessible and tells the owner or occupants of any immediate threat. | Writes the report. The inspector’s duty is to the buyer. |
| Seller’s agent | Usually arranges access and often stays while the house is open. | Passes along requests that come out of the negotiation. |
| Buyer’s agent | Often attends alongside the buyer. | Helps the buyer decide what to ask for. |
| Buyer’s attorney | Usually not on site. | Reads the report, the seller’s disclosure statement and the contract, and negotiates. The Attorney General’s tips say to use your own attorney, not the seller’s or lender’s. |
| Seller’s attorney | Usually not on site. | Advises on the disclosure statement and on any request that follows from the report. |
Two points follow from that table. A seller’s agent who is present represents the seller, while the inspector’s duty stays with the buyer. And the report does not go to the seller’s side because someone stood nearby while it was being made. See who pays for a home inspection for the roles in the agreement, and the home inspection process in New York for the visit itself.
What a seller can do instead of being there
- Leave an access sheet. One page: where the panel, sub-panels and meter are; where the main water and fuel shut-offs are; how to reach the attic and the roof; which keys open which doors; alarm codes; pets; tenant contacts; and what is on or off. Our guide on how to prepare for a home inspection has the full checklist.
- Complete the disclosure statement carefully. A seller of a one- to four-family house, unless an exemption applies, must complete and sign the statement and deliver it before the buyer signs a binding contract of sale. The statement is based on the seller’s actual knowledge, and the seller completes it, not an agent. See the New York property condition disclosure.
- Think about a pre-listing inspection. You are the client, the report is confidential to you, and you decide who sees it. It shows you, within the same visual limits, what a buyer’s inspector is likely to see while there is time to act. Our pages cover it for Queens, Brooklyn, the Bronx, Manhattan, Staten Island, Nassau and Suffolk. Ask your attorney how a report you commission fits with the statement you sign.
- Gather records. Certificates of occupancy, permits, tank paperwork and service records answer the buyer’s questions without you.
- Know the other duties. For most housing built before 1978, the federal lead rule requires sellers to give buyers specific information about known lead-based paint and hazards before the buyer signs a contract, and to provide a 10-day period for a paint inspection or risk assessment, which the buyer may waive (EPA, Real Estate Disclosures about Potential Lead Hazards). On a sale of a one- or two-family house, the seller also delivers an affidavit about smoke alarm compliance at closing. See smoke and carbon monoxide alarms in New York homes.
Before the closing, expect the buyer to come back for the final walk-through. See the final walk-through before closing.
Co-ops and condos: the building decides who is in the room
A co-op or condominium seller does not complete the state disclosure statement, because the Act’s definition of residential real property leaves out condominium units and cooperative apartments. The buyer’s inspection covers the unit, and the Standards say an inspector is not required to inspect any condominium common component or system, or to evaluate condominium reserve accounts (19 NYCRR 197-5.16). But the unit depends on the building, and in practice the roof, basement and mechanical rooms are reached through the superintendent or managing agent. Ask the managing agent who can be there and when, and put the arrangement in writing. A seller who owns a unit may not control the roof door, and the visit is only as good as the staff access. Our guide to co-op inspections in Queens and Brooklyn and our co-op and condo inspection page cover the building side.
Should the seller be at the home inspection of a tenant-occupied house?
In Brooklyn about 68% of the one- to three-family residential lots are two- or three-family, in the Bronx about 65% and in Queens about 44% (PLUTO, version 26v2). The data do not say how many are tenant-occupied, but for a seller with tenants the question is not whether to be home. It is who opens each unit. A seller cannot promise a tenant’s apartment. What notice a tenant must get, and what happens if a tenant says no, depends on the lease and the law, so ask your attorney. Practical steps: send written notice early, offer a window rather than a minute, and ask whether a tenant would like to be there.
If a unit cannot be entered, the report must list it as not observed and give the reason, and the buyer’s attorney then decides what that means for the contract. Pets and storage are a risk in tenant units, because the seller is not in control of either. Our page on two- and three-family houses covers what an inspector reviews in each unit.
About the figures: counts come from the NYC Department of City Planning’s PLUTO tax-lot file, version 26v2 (2026), for residential lots in building classes A, B and C0. City records can contain errors.
If the seller does stay: house rules that help
- Arrive early, open every door, hand over the access sheet, and then stay out of the way.
- Do not follow the inspector from room to room or coach the buyer.
- Answer factual questions briefly and truthfully, and keep your answers consistent with your disclosure statement.
- Do not ask to see the report or to hear the findings. They belong to the buyer.
- Keep pets and children out of the work area, and move cars from the driveway.
- If the buyer or the buyer’s agent asks you to leave, leave.
Who decides whether the seller is at the home inspection?
In practice the agents and attorneys settle it when they schedule access, and the inspector works to the plan they agree. Ask your agent or attorney early, because the inspector works for the buyer and will not decide it for you.
Is the seller allowed to see the home inspection report?
Only if the buyer, as the client, agrees. The report and its contents are confidential without the client’s express consent, so the seller sees it when the buyer chooses to share it.
Will the inspector tell the seller what is wrong with the house?
Only immediate threats to health or safety. The mandatory clause in the agreement lets the inspector disclose those to the owner or occupants. The other findings go to the buyer in the report.
Should the seller’s agent be at the home inspection?
Usually someone from the seller’s side is there, because the house needs to be open and supervised, and that is often the seller’s agent. It is practice, not a rule, so confirm it with your agent.
Does the seller have to disclose what the buyer’s inspector finds?
The disclosure statement is based on what the seller actually knows, and a seller who learns something that makes a delivered statement materially inaccurate must deliver a revised one as soon as practicable (Real Property Law §464). How that applies to what a buyer’s inspector finds is a question for your attorney.
Should a seller attend a pre-listing inspection?
Yes, if you can: the seller is the client, the inspector’s duty runs to you, and the findings are yours. Ask the inspector to walk you through what was seen and what was not, and ask your attorney how the report relates to the statement you sign.
Should the pets leave during the inspection?
Yes, secure or remove them. The Standards do not require an inspector to enter an area judged dangerous, so a loose animal can turn a room into one the report lists as not observed.
Booking an inspection with Inspecwise
If you are selling and want to see what a buyer’s inspector will see, ask about a pre-listing inspection. If you are buying, tell us who will provide access and whether the seller will be there.
We inspect in the five boroughs, Nassau, Suffolk and Westchester, and elsewhere on request, and we can answer your questions in English, Urdu, Punjabi or Hindi.
Questions first? Call 718-925-7071.