Residential Home Inspections in Massachusetts Continued

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

By Boston Connect Real Estate | Talk Real Estate Roundtable

Massachusetts real estate just saw one of its biggest regulatory changes in years and if you’re buying or selling a home, it’s important to understand what this new law means for you. In our latest Talk Real Estate Roundtable episode, Sharon McNamara and Melissa Wallace broke down the new Massachusetts Home Inspection Law, part of Chapter 150 of the Acts of 2024, which officially went into effect on October 15, 2025.

This legislation aims to create a more “level playing field” for buyers especially after years of intense competition that led many to waive home inspections just to get an offer accepted. But as Sharon and Melissa explained, this new rule brings both clarity and complexity for all parties involved.

Why the Law Changed

During the competitive markets of 2021–2023, buyers often waived home inspections to make their offers more appealing. It became a common and risky practice, particularly in bidding wars where sellers favored “clean” offers with fewer contingencies.

Lawmakers believed this put buyers in a vulnerable position, potentially purchasing homes without a clear understanding of the property’s condition. The new legislation now ensures every buyer has the right to a home inspection and that sellers can no longer prioritize offers based on inspection waivers.

How the New Law Works

Here’s the core of the change: Buyers can still choose to waive their home inspection, but the seller will not know that upfront. The law requires both the buyer and the seller to sign a Mandatory Residential Home Inspection Disclosure before the first written contract to purchase is signed.

This form acknowledges that:

• The buyer has the right to conduct a home inspection by a licensed professional.

• The seller recognizes and agrees to that right.

• The listing agent must confirm that the seller has been informed of these obligations

The purpose is simple transparency and fairness. It prevents sellers from choosing offers solely because a buyer agrees to skip an inspection, while still giving buyers flexibility after their offer is accepted.

What “Reasonable” Means in Practice

The law uses the word “reasonable” to define the timeframe in which a buyer must complete an inspection, and this is where negotiation comes into play. As Sharon and Melissa discussed, the interpretation of “reasonable” can vary, but in most cases, seven to ten days is considered a fair window for scheduling and completing a home inspection.

Buyers should schedule inspections as soon as possible within that period not only to avoid delays but also to allow time for reviewing reports, obtaining quotes for potential repairs, or requesting follow-up inspections for issues like radon, lead paint, or mold.

What Sellers Need to Know

If you’re selling your home, this new disclosure does not take away your rights or ability to negotiate. Sellers can still:

• Decline to make repairs after the inspection.

• Sell the property “as-is.”

• Negotiate a financial threshold for example, agreeing to address only issues exceeding a certain dollar amount, such as $10,000.

In short, the law doesn’t force you to fix everything it just ensures that buyers have the opportunity to assess the property’s true condition before proceeding.

What Buyers Should Understand

For buyers, this law reaffirms that the home inspection is an educational opportunity, not just a negotiation tactic. A good home inspector walks buyers through critical systems such as heating, electrical, and plumbing, teaching them how to maintain their new home.

As Sharon noted, many first-time buyers learn invaluable details during the inspection like where the main water shutoff is or how to maintain a boiler system information that helps prevent costly mistakes after closing.

What About New Construction?

The rule also applies in a limited way to new construction. Sharon explained that buyers of substantially completed homes (such as model units) must still receive the home inspection disclosure. However, inspections on new builds are typically for informational purposes only; they cannot be used to void a contract once the home is customized and near completion.

The Bottom Line

The Massachusetts Home Inspection Law aims to ensure fairness and protect buyers from feeling pressured into waiving an important step in the home-buying process. For sellers, it means being transparent not losing control. For agents, it underscores the importance of clear communication, documentation, and professionalism.

At Boston Connect Real Estate, we’ve already implemented best practices to ensure compliance including attachi