Big Changes Ahead: Massachusetts’ New Home Inspection Law Takes Effect October 15, 2025
Massachusetts homebuyers and sellers are about to see a major shift in the way home inspections are handled during Real Estate transactions. Beginning October 15, 2025, new regulations under the Affordable Homes Act will go into effect, bringing stricter rules designed to protect buyers’ rights to conduct inspections.
This law, originally passed in August 2024 and finalized in June 2025 by the State’s Executive Office of Housing and Livable Communities, will apply to Purchase and Sale Agreements dated after October 15, 2025 for residential buildings (one to four units), condominium units, and co-op shares tied to residential occupancy.
What Buyers and Sellers Need to Know:
There will be no more mandatory waivers. Sellers and their agents are prohibited from requiring or suggesting that buyers waive, limit, or forego a home inspection. That means a seller cannot refuse to consider offers unless the inspection is waived. Also, buyers cannot strategically waive their right to an inspection to make their offer more appealing over others.
New Disclosure Requirement:
A written disclosure must now be signed by both parties no later than the first written contract (typically the Offer to Purchase). This disclosure must include confirmation that the purchase agreement is not contingent on waiving or limiting the buyer’s right to an inspection, the seller's acknowledgment that buyers may hire a licensed home inspector, and a notice that the buyer will have a “reasonable” period of time after signing to decide whether to proceed.
(Note: The official state disclosure form has not yet been released.)
However, flexibility still exists, once a purchase agreement is signed, buyers may still choose to waive their inspection voluntarily. The regulations also allow agreements to include limits on deposit refunds if a buyer backs out after an inspection decision.
Not all transactions fall under this law. Exemptions include; public auctions, foreclosures and deed-in-lieu transfers, sales between relatives, divorce-related sales, certain estate planning transfers and some new construction sales.
There will be penalties for non-compliance. Violations of the new rules could have serious consequences. For sellers, a violation may be seen as misrepresentation of a material fact. For agents acting on behalf of the seller, violations may count as unfair or deceptive business practices under Massachusetts consumer protection law.
In recent years, competitive bidding wars often pressured buyers into waiving inspections, a risky move that sometimes left them with costly surprises after closing. This new law aims to create a fairer playing field, ensuring that every buyer has the opportunity to conduct an inspection without being penalized in the offer process.
For anyone buying or selling a home in Massachusetts, it’s crucial to understand your rights and obligations under this law. Work closely with your REALTOR® and attorney when drafting offers. Stay on top of disclosure requirements once the state issues the official forms.
For official resources:
Text of Statute: Chapter 150 of the Acts of 2024
Regulations: 760 CMR 74
The bottom line is this law reshapes how inspections fit into Massachusetts Real Estate transactions. Whether you’re a buyer or seller, knowledge and preparation will be key to navigating these changes smoothly.
Planning to buy or sell a home in Massachusetts? Let’s talk about how this new law may impact your transaction. Contact us today to schedule a consultation and make sure you’re informed on the newest changes in the world of Real Estate!
Elisha Lynch, REALTOR®, SRS, ABR, C2EX, GRN
(508) 560-5061 . Elisha@LamcchiaRealty.com
#ElishaLynchREALTOR #LamacchiaRealty #YourVisionOurMission