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🏡 New Massachusetts Home Inspection Law: What Buyers and Sellers Need to Know
If you’re buying or selling a home in Massachusetts, there’s a major change you need to know about. As of October 15, 2025, a new state law has gone into effect that bans sellers from requiring buyers to waive a home inspection as part of their offer. This regulation is part of the Affordable Homes Act, signed into law by Governor Maura Healey, and it’s designed to protect buyers from making high-stakes decisions without proper due diligence.
Let’s break down what this means for you.
🔍 What Changed?
Old Rule:
In competitive markets, buyers were often pressured to waive home inspections to make their offers more appealing.
New Rule:
Sellers and their agents can no longer condition the acceptance of an offer on the buyer’s agreement to waive a home inspection. Buyers also cannot signal upfront that they plan to skip the inspection.
✅ What Buyers Can Still Do
- You can still choose not to get a home inspection, but only after your offer is accepted.
- The decision must be entirely yours—not influenced by the seller or their agent.
- You’ll receive a written disclosure confirming your right to an inspection.
🧾 What Sellers Must Do
- Provide a separate disclosure form stating that the buyer’s offer is not contingent on waiving a home inspection.
- Avoid any language in contracts that pressures buyers to skip inspections.
- Be aware: violating this law could be considered deceptive under Massachusetts consumer protection laws (Chapter 93A).
🚫 Exceptions to the Rule
- Newly constructed homes (with a one-year builder warranty)
- Sales between family members
- Transfers through trusts or estate planning
💬 Why This Matters
For buyers, this law is a win for transparency and protection. It ensures you have the opportunity to uncover potential issues—like structural damage, outdated electrical systems, or hidden water leaks—before committing to a major investment.
But sellers benefit too:
- Reduced liability: Encouraging inspections helps avoid post-sale disputes and legal claims.
- Cleaner negotiations: Inspection results allow for upfront resolutions, rather than surprises after closing.
- More trust in the transaction: Buyers feel more confident, which can lead to smoother deals and fewer fall-throughs.
📌 Final Thought
This isn’t just a legal update—it’s a shift toward transparency and protection in Massachusetts real estate. Whether you’re buying your first home or listing a property, understanding this law helps you navigate the process with confidence.
Need help interpreting how this affects your next transaction? I’m Marc Dumay, and I’m here to guide you through every step—inspection included.
📞 Call or text: (617) 459-5155
🌐 Visit: marcdumay.com
