Residents of Massachusetts, it's here...
A new Massachusetts home inspection law, enacted as part of the Affordable Homes Act of 2024, goes into effect for sales agreements signed on or after October 15, 2025. The law prohibits sellers and their agents from requiring, or accepting offers that waive, a buyer's right to a professional home inspection. This is intended to restore consumer protection that was lost in recent competitive housing markets, where buyers often skipped inspections to make their offers more attractive.
Key changes for buyers and sellers:
What sellers cannot do:
- Condition a sale on a waiver: Sellers and their agents can no longer demand that a buyer waive their inspection rights to have an offer considered or accepted.
- Accept an "inspection-waived" offer: If a buyer or their agent signals an intent to waive the inspection prior to the contract being fully executed, the seller cannot accept that offer.
- Undermine an inspection: Contract clauses that "render a home inspection meaningless" are illegal. This includes setting an unreasonably short inspection window or preventing the buyer from walking away if the results are unsatisfactory.
What sellers must do:
- Provide a disclosure form: Sellers must provide and sign a "Massachusetts Mandatory Residential Home Inspection Disclosure" with the buyer at or before the first purchase contract is executed. This form affirms the buyer's right to an inspection.
What buyers can and cannot do:
- Right to inspect: A buyer is guaranteed the right to a home inspection by a licensed professional.
- No mandatory inspection: The law does not force a buyer to get an inspection. A buyer can still choose to forgo an inspection after a contract is signed, as long as it is done without pressure from the seller.
- Negotiate, but within reason: Buyers and sellers can still negotiate certain terms, such as reasonable monetary thresholds for repairs or limits on the deposit refund if the sale is terminated based on inspection results.
Exemptions to the law:
The regulation does not apply to all residential real estate transactions. Exemptions include:
- Transactions before the effective date: Deals entered into before October 15, 2025.
- Sales to relatives: Transfers between family members.
- Foreclosure and auctions: Certain distressed property sales.
- New construction: Sales of new homes where a purchase contract is signed before "substantial completion" and the seller offers a one-year written warranty.
Penalties for non-compliance:
Violating the new law can be considered an unfair or deceptive act under Massachusetts consumer protection law (M.G.L. c. 93A), which can carry significant consequences for sellers and their agents.
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