06/07/2025
Know your rights as a buyer!
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BUYERS AND SELLERS AWARE!
NEW Home Inspector Law/Regulations in Massachusetts will be effective on 10/15/2025!!
WHY THIS MATTERS
This new regulation aims to level the playing field by ensuring that every buyer is made aware of their right to a home inspection. A home inspection can be one of the most important steps in purchasing a home. Inspections help buyers uncover hidden issues—such as structural problems, roof damage, or faulty wiring—that could lead to unexpected expenses or safety concerns. In today’s competitive housing market, many buyers feel pressured to waive inspections just to have their offer accepted.
WHAT THE REGULATION DOES:
Under the Affordable Homes Act, the regulation prohibits a seller or their agent from:
Making a buyer give up their right to a home inspection in order for their offer to be accepted; or
Accepting an offer if the seller already knows the buyer plans to not have an inspection.
Importantly, this law and regulation do not require a home inspection. Rather, it protects the buyer’s freedom to choose to have an inspection by ensuring they are informed and free from pressure to waive an inspection.
Flexible Inspection Window: Buyers and sellers can now negotiate a reasonable timeframe for completing an inspection—removing a more rigid 10-day window to avoid unnecessary delays.
Extended Implementation Timeline: The regulation will apply to contracts signed after October 15, 2025, allowing time for training, outreach, and form updates.
Voluntary Waiver Clarified: The regulation now confirms that a buyer may choose not to conduct an inspection, as long as the decision is not influenced by the seller or their agent.
Stronger Contract Protections: The regulation prohibits contract terms that effectively make inspections meaningless, while still permitting reasonable, negotiated terms (e.g., repair cost thresholds or return of security deposit).
Clear Disclosure Requirement: Sellers must now provide a separate written disclosure form informing buyers of their inspection rights. EOHLC will develop a standard version of this form.
Broader Exemptions for Relatives and Estate Planning: The regulation expands exemptions to include domestic partners, extended family members, and various estate planning tools.
Support for New Housing Construction: The final regulation includes a limited exemption for pre-sales of newly constructed homes, provided the purchase contract is signed before substantial completion and the seller offers a one-year structural warranty. This exemption supports continued housing development by helping builders secure financing without delay.
Targeted Professional Penalties: The final regulation makes clear that if a real estate professional fails to provide the required disclosure, it is a violation of the consumer protection law, while other violations may be considered violations depending on the circumstances.