New Massachusetts Home Inspection Law Took Effect October 16, 2025

Why the Law Was Created

The purpose of this new law is to ensure that every buyer has the opportunity to fully understand the condition of a home and to have a home inspection without worrying about losing out to another buyer who waives this contingency. Buyer agents can no longer advise clients to waive a home inspection as a way to make their offer more competitive, nor can a seller or seller’s agent counter by asking the buyer to waive the inspection.

 

Here are the key points you should know:

 

1. Sellers Can’t Pressure Buyers

• No seller or agent can require or encourage a buyer to skip a home inspection.

• Offers that indicate a buyer will waive inspection cannot be accepted.

 

2. Mandatory Disclosure

• Sellers must give buyers a separate written disclosure confirming their right to a home inspection.

• Both buyer and seller must sign this disclosure.

 

3. Inspection Must Be Meaningful

• Sellers can’t include contract terms that make an inspection useless.

• Buyers still have the right to a proper inspection and time to review the results.

 

4. Buyers Can Still Choose

• The law does not force anyone to do an inspection.

• Buyers simply cannot be pressured into skipping it.

 

5. Some Exceptions

This law doesn’t apply in all situations:

• Transfers between relatives or domestic partners

• New construction sales with warranties

• Foreclosures or deeds-in-lieu of foreclosure

• Transactions started before October 16, 2025

For more information, see these Home Inspection FAQs, published by the Massachusetts Association of Realtors.

Starting October 16, 2025, Massachusetts homebuyers received stronger protection for one of the most important steps in buying a home: the home inspection.

To learn more about this new law, consult with your real estate agent or feel free to reach out to Wanda Mooney at 413-768-9848 or email hello@wandamooney.com

For more buyer tips, check out Wanda's Fall 2025 Buyer Guide. 

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For more information about community happenings and real estate news visit Wanda's Blog at www.wandamooney.com/blog, or feel free to contact Wanda for professional real estate assistance.