Massachusettsā New Home Inspection Law: What Buyers & Sellers Need to Know
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.
ā Key Points
1. Buyerās 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.
š« 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
š What This Means
For Buyers: Know your rights and ensure the disclosure form is signed. Inspections are your protectionāuse them wisely.
For Sellers: Provide the disclosure, donāt 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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