What Every Real Estate Agent Needs to Know
The Massachusetts Home Inspection Law, effective October 15, 2025, sets new expectations for how agents and sellers approach home inspections. Here’s a breakdown of what this means for real estate professionals and key takeaways to stay compliant and protect your clients.
What is the new Massachusetts home inspection law?
Under the new law, sellers and their agents may not require or encourage buyers to waive their right to a home inspection as a condition of offer acceptance. A signed disclosure affirming the buyer’s right to inspect is now required.
What types of properties are covered?
The law applies to:
- Residential buildings with 1–4 units
- Condominium units (regardless of building size)
- Residential co-op sales
What conduct is prohibited for sellers and agents?
This is where things get specific. Sellers and agents may not:
- Require or encourage buyers to waive inspections
- Accept offers that waive inspections
- Include contract terms that nullify inspections or create terms that render inspection meaningless
What is the required disclosure?
Before or at the signing of the first purchase contract (either the offer to purchase or the purchase and sale agreement), the seller or agent must provide a separate written disclosure affirming the buyer’s right to a home inspection.
Are buyers required to get a home inspection?
No. Buyers may waive an inspection voluntarily, but only after receiving the required disclosure.
Are there any exemptions to the law?
Yes. The following are exempt:
- Sales between relatives or ex-spouses
- Transactions before October 15, 2025
- Foreclosures or deeds-in-lieu
- Estate planning transfers
- Pre-completion sales of new construction homes (if a 1-year warranty is included)
What are the consequences of noncompliance?
Violations may be considered unfair or deceptive practices under M.G.L. c. 93A.
This could lead to:
- Consumer protection claims
- Disciplinary action
- Civil liability for misrepresentation
Have Questions? We’re Here to Help.
Team up with Simple Title to stay ahead of the law and protect your clients. Contact us today to learn more or to get guidance on your next transaction.
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