Residential Home Inspections in Massachusetts

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

This fall, Massachusetts real estate is seeing a major change that will affect the way offers are written and accepted statewide. Beginning October 15, 2025, a new home inspection law goes into effect — and it’s designed to protect buyers’ rights while reshaping how agents handle offers.

At Boston Connect Real Estate, we believe knowledge is empowerment. On our Talk Real Estate Roundtable, Sharon McNamara and Melissa Wallace recently dove into what this new law means for both buyers and sellers — and why understanding it is crucial before your next move.

What the New Law Says

Under the new regulation, sellers and their agents can no longer require buyers to waive a home inspection as a condition of having their offer accepted. Likewise, buyers can’t include language in their offer that waives the inspection upfront.

Every seller will now be required to provide a written disclosure affirming that the buyer has a right to hire a licensed inspector and will be given a reasonable opportunity to complete and review an inspection before moving forward. This new rule aims to create a more level playing field and ensure transparency for all parties involved.

 

Why This Change Matters

In recent years, low inventory and competitive markets led many buyers to waive home inspections to strengthen their offers. During bidding wars, offers with waived inspections often rose to the top but at a potentially high cost.

As Sharon noted, “It became the trend. Buyers were saying, I can’t come up $100,000, but I’ll waive my home inspection. But that’s risky. You might save on the offer, but you could be buying $100,000 worth of problems.”

The intent behind this new law is to restore balance and fairness ensuring that every buyer has the option to make an informed decision about the property they’re purchasing, without feeling pressured to skip a critical step.

How It Will Work Going Forward

While the law provides clear goals, some implementation details remain uncertain. As of early October, Massachusetts real estate professionals are still waiting for finalized state forms and disclosures.

Here’s what we know so far:

• The offer form will likely still reference a home inspection period, requiring buyers to list a timeframe (for example, five or seven days).

• Even if a buyer initially indicates they do not plan to inspect, they’ll still have that timeframe to change their mind.

• Sellers will sign a new disclosure form, similar to the state’s Lead Paint Notification, confirming that the buyer has the right to inspect.

As Melissa explained, “Whether it’s on the offer page or on an addendum, both need to be presented together before the offer is accepted.” This ensures that every transaction acknowledges the buyer’s inspection rights from the start.

The Challenge of “Fairness”

While the new law aims to level the playing field, both Sharon and Melissa noted that gray areas still exist  particularly around enforcement and timing. If one buyer lists “one day” for their inspection and another lists “seven,” sellers could still make assumptions about who’s waiving.

As Sharon said, “It’s supposed to make things fair, but people talk. Conversations will still happen behind the scenes. We need clarity and accountability to ensure this law truly helps the buyers it’s meant to protect.”

 

What Buyers and Sellers Should Do Now

For Buyers:

• Remember: You always have the right to a home inspection.

• Ask your agent to explain your inspection timeframe and the process for scheduling quickly after your offer is accepted.

• Don’t rush a professional inspection can uncover costly issues before closing.

For Sellers:

• Be prepared to sign and provide the new Home Inspection Disclosure Form.

• Understand that buyers’ rights to inspection are protected by law, and work with your agent to ensure compliance.

• Consider addressing deferred maintenance or visible concerns before listing to help inspections go smoothly.

Boston Connect Real Estate’s Perspective

At Boston Connect, we support any effort that increases transparency and protects consumers. However, as professionals in the field, we also recognize that effective laws require clear implementation. Sharon invited Governor Maura Healey to join Talk Real Estate Roundtable to discuss the law’s intent and practical impact directly with local agents and consumers underscoring Boston Connect’s commitment to advocacy and education for the South Shore community.

Final Thoughts

This new Massachusetts Home Inspection Law represents an important shift toward fairness