Sarah Gustafson
Beginning Oct. 15, a new Massachusetts law goes into effect that guarantees a buyer’s right to a home inspection during residential real estate transactions. The regulations, which were finalized in June to implement the new law, are intended to address any pressure on buyers to waive inspections in competitive housing markets.
Under the new law, sellers or their agents are prohibited from selling a home on the condition that a buyer waives an inspection. The policy also prevents a seller from accepting an offer if the seller is informed in advance that the buyer intends to waive their right to an inspection. It applies to sales of residential properties with one to four units, including single-family homes, condominiums and co-op units.
The new law, however, does not require a buyer to conduct an inspection; it just allows them the opportunity.
These changes were introduced through the Affordable Homes Act, passed in 2024, and are being implemented by the state’s Executive Office of Housing and Livable Communities.
The Massachusetts Association of Realtors was an active participant in the regulation drafting process and ensured key improvements to the regulations were made, thanks in large part to feedback and comments from members.
Some of the improvements include limiting strict liability on real estate agents under the state’s Consumer Protection Act, an update to the exemptions to remove unnecessary carve-outs, adding an exemption for new construction and postponing the effective date of the law from July 15 to Oct.15.
Key Provisions to Know
Sellers may not block or discourage buyers from conducting home inspections. All offers must be evaluated fairly, regardless of whether the buyer includes an inspection contingency.
Before signing an offer or purchase-and-sale agreement, the seller must provide a state-issued disclosure form that outlines the buyer’s inspection rights. The form must be signed by both parties.
In order for an inspection to be protected under the new law, it must be carried out by inspectors licensed under Massachusetts law. The state’s Board of Registration for Home Inspectors enforces licensing standards and practices.
The regulations establish a flexible and negotiable timeframe for home inspections. Instead of a fixed deadline, buyers and sellers can negotiate a “reasonable period of time” to complete the inspection, review the findings and decide if the results meet their expectations.
Impact on Real Estate Transactions
The intent of this new law is to reduce costly risk for buyers when purchasing a home and aims to prevent hidden repair costs.
While MAR’s members historically caution against such practices, buyers have been waiving home inspections since the pandemic to compete in multiple-offer scenarios, potentially overlooking structural defects, faulty wiring or other serious problems.
The new law allows buyers to voluntarily opt out of inspections. The prospective buyer or their agent cannot indicate directly or indirectly their intention not to complete an inspection.
However, after they are under contract to purchase, buyers are not obligated to perform a home inspection so long as they have received the required written disclosure and the seller or the listing agent has not influenced or required them to do so.
Parties cannot include contract terms that undermine the intent of home inspection laws or make inspections meaningless. They may, though, agree to reasonable limits on a buyer’s ability to withdraw from a purchase – such as setting a repair cost threshold or restricting deposit refunds – so long as the buyer’s inspection rights remain intact.
Additional specialized inspections beyond the legal scope may also be negotiated.
What Sales Aren’t Covered
The new law does not apply to sales or transfers made at a licensed auction, between relatives (including by blood, marriage, or adoption), to a former spouse under a court order, for estate planning purposes or involving foreclosure or debt release.
It also exempts sales of newly constructed homes if the purchase contract was signed before completion and includes at least a one-year, written warranty.
While the regulations were formally adopted in June, they will only apply to transactions with contracts entered into after Oct. 15. State housing officials are currently in the process of drafting and releasing the standard disclosure form that must be signed by both parties prior to entering into a contract to purchase the residential property.
Violations will be enforced under the state’s Consumer Protection Act (also known as Chapter 93A), and buyers may seek legal remedies if denied proper disclosure or pressured to waive rights. It is critical that brokers and agents are well versed in the regulations and know their responsibilities.
Sarah Gustafson is the 2025 president of the Massachusetts Association of Realtors and a Realtor and Broker with Keller Williams Pinnacle Central in Worcester and Keller Williams Pinnacle Metrowest in Westborough.
