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Massachusetts’ New Home Inspection Law: What Buyers & Sellers Need to Know

Jill O'Shaughnessy

As the leader of our exceptional team, Jill brings a unique blend of leadership, extensive knowledge, and an unwavering passion for the real estate in...

As the leader of our exceptional team, Jill brings a unique blend of leadership, extensive knowledge, and an unwavering passion for the real estate in...

Oct 15 2 minutes read

Starting October 15, 2025, Massachusetts is implementing a significant change in the home-buying process. The new regulation ensures that buyers have the right to a home inspection without undue pressure to waive it, aiming to protect informed decision-making in residential real estate transactions. 


āœ… Key Points

1. Buyer’s Right to Inspect

  • Buyers now have an unrestricted right to a home inspection.

  • Sellers cannot require or pressure buyers to waive this right.

2. Mandatory Disclosure

  • Sellers must provide a written disclosure informing buyers of their inspection rights.

  • The disclosure must be signed by both parties before or at the first purchase agreement.

  • Failing to provide it violates Massachusetts Consumer Protection Law (Chapter 93A).

3. Inspection Timing & Limits

  • Buyers can schedule inspections freely.

  • Contract provisions cannot unreasonably restrict inspections.

  • Parties may mutually agree on repair cost thresholds or deposit limits if a buyer withdraws.

4. Buyer Choice

  • Buyers may voluntarily waive the inspection after the offer is accepted, but only without pressure from the seller or agent.


🚫 Exemptions

  • Sales between relatives or as part of a divorce settlement

  • Transactions before October 15, 2025

  • Foreclosures, deeds-in-lieu, or estate planning transfers

  • Newly constructed homes sold pre-completion with a one-year warranty


šŸ“ What This Means

For Buyers: Know your rights and ensure the disclosure form is signed. Inspections are your protection—use them wisely.

For Sellers: Provide the disclosure, don’t pressure buyers, and understand the legal implications of noncompliance.


This new regulation aims to create a more transparent and fair home-buying process in Massachusetts. If you have any questions or need assistance navigating these changes, feel free to reach out.

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