- by Mike McDonagh
NEW MASSACHUSETTS
HOME INSPECTION LAW
What Home Buyers and Sellers Need to Know
Massachusetts has implemented a new law that significantly changes how home inspections are handled in real estate transactions. The law takes effect October 15, 2025 and applies to transactions entered into on or after October 15, 2025.
At a high level, there are two very significant changes that this law brings moving forward:
First, buyers are given the right to conduct a home inspection if they choose.
However, once under agreement, the buyer may choose not to conduct a home inspection.
Second, sellers (and their agent) are required to provide buyers with a new disclosure form which details the rights and obligations of each party.
This law, part of the Affordable Homes Act, a statute passed in August 2024, aims to protect buyers’ rights to conduct home inspections and introduces specific restrictions on how offers involving inspection waivers can be made and not made. The law is intended to prevent the seller or their agent from putting pressure on buyers to waive an inspection as part of the home purchase process.
After several delays in late 2024 and early 2025, the final regulations were published by Governor Healey’s Executive Office of Housing and Livable Communities in June 2025. The regulations (760 CMR 74) provide the details on how the law will operate.
The law applies to purchase agreements dated after October 15, 2025, and only on the sale of residential buildings with one to four units, condominium units, and co-op shares tied to residential occupancy.
The Devil in the Details- an Overview of the New Requirements
As for the details of the regulations, the first thing to know is the new requirements being placed on sellers.
First, sellers or their agent cannot state that they will only accept offers from buyers who agree to waive, limit, or forego a home inspection. As an example, this means that a seller cannot counter a buyer’s offer with a provision that would remove the buyer’s contractual right to conduct a home inspection.
Second, sellers cannot accept an offer that is conditioned on the waiver or limitation of the home inspection. During negotiations, a buyer (and their agent) should not convey any intent to waive a home inspection. As a consequence of limitation being placed on sellers, buyers can no longer make their offer more attractive by indicating their intent to waive an inspection in advance of acceptance.
Third, there is a new disclosure form requirement. The new form is entitled, the “Massachusetts Mandatory Residential Home Inspection Disclosure.” Sellers or their agents will be required to provide the disclosure form to buyers and the form must be signed by the buyer and seller on or before the date of signing the first written purchase agreement. For most of Massachusetts, the first purchase agreement is the “Offer to Purchase” or “Contract to Purchase”, although in some parts of the state, the first purchase agreement is the “Purchase and Sale Agreement.” Regardless of what agreement is used, the new disclosure form must be signed at or prior to signing the purchase agreement.
The new disclosure form must be signed by both buyer and seller and it will cover several points:
- A notice that the seller represents and warrants that the purchase agreement is not contingent on the waiver or limitation of the buyer’s choice to have a home inspection.
- A seller’s acknowledgement that the buyer may have the property inspected by a licensed home inspector of the buyer’s choice.
- A notice that the seller will provide the buyer with a “reasonable” period after entering into the purchase agreement to decide whether to proceed with the transaction.
What About Negotiations?
The regulations state that the parties cannot include a provision in the purchase agreement that would “Render a Home Inspection Meaningless.” This means that the parties cannot agree on an unreasonable limit on the buyer’s ability to schedule, receive, or review a home inspection. It also means that the agreement cannot prevent the buyer from choosing not to proceed with the deal if the buyer is unsatisfied with the results of the home inspection.
As an example, the parties cannot agree that the buyer has just 12 hours from signing the purchase agreement to complete a home inspection and review the results. This provision would likely “render a home inspection meaningless” because it’s highly unlikely the buyer could schedule a home inspection in that time frame and review the results.
But the regulations do allow for negotiations around two specific areas:
First, it is permissible to agree to limit a buyer’s choice not to proceed with the transaction if the aggregate estimated cost of repairs exceeds a reasonable threshold to be negotiated by the parties.
Second, the parties can agree to reasonably limit a buyer’s deposit refund if the buyer chooses not to proceed after the home inspection.
Note that while these areas are negotiable, they call for the agreement to be “reasonable.” There is no single definition of “reasonable.” It is used as a flexible standard and dependent on the totality of the facts and circumstances in the transaction.
What about Exemptions?
The regulations list several categories of transactions that are exempt. Those include:
- Public auctions, transfers involving a foreclosure, or deed-in-lieu of foreclosure
- Transactions where the buyer is a relative of the seller
- Transfers between former spouses pursuant to a divorce judgment/order
- Certain transactions conducted for estate planning purposes
- The sale or transfer of a newly constructed home where the first contract to purchase is executed prior to substantial completion of construction and the seller offers an express written warranty for at least 1 year
Penalties for Non-Compliance
Failure to comply comes with harsh penalties. For sellers, a violation may be used as evidence of an intent to misrepresent or conceal a material fact about the home. For agents, a violation may be considered an unfair or deceptive business practice under Massachusetts consumer protection laws (Chapter 93A).
Final Thoughts
This law is designed to create a more level playing field for home buyers by ensuring all buyers have a fair opportunity to inspect a property. However, it removes the ability of the buyer and seller to negotiate around certain areas and introduces significant changes to how offers are structured and what can be communicated before acceptance.
If you are planning to buy or sell a home in Massachusetts, it’s important to:
- Understand your rights and obligations under the new law
- Discuss offer strategies carefully with your REALTOR® and attorney
- Ensure that all required disclosures are completed correctly
For official documents and the latest updates, you can refer to:
If you are a REALTOR® looking for more extensive information on the impacts to you, be sure to visit www.MAHomeInspectionLaw.com to see the videos and additional info Anthony and the marketing team put on that page
This post was written by
Michael McDonagh
General Counsel
Lamacchia Companies
In The News
Anthony Featured on Boston25 News discussing MA Home Inspection Law
Anthony Featured on Channel 5 Boston on the new law on home sales
Anthony Featured on Channel 7 Boston on the new law on home sales
Anthony Discusses New MA Home Inspection Law in Recent NBC Boston Article
Additional Resources
