🏡 MA Home Inspection Changes
Another Major RE Shift…
A major shift in Massachusetts real estate is here! New regulations, as part of the Affordable Homes Act, are now in effect as of October 15, 2025. These rules are designed to protect homebuyers, by making sure they have a fair chance to get a professional home inspection.
This is a critical update for anyone buying or selling residential property: single family homes, condos, and 1 to 4 unit buildings.
💡 What You Need to Know
🛑 No More Pressure to Waive Inspections
- It is now prohibited to require or pressure a buyer to waive their inspection right just to get an offer accepted.
- Sellers cannot accept an offer if the buyer tries to signal beforehand that they will skip the inspection to sweeten the deal. The days of waiving the inspection as an offer incentive are over!
📜 Mandatory Written Disclosure Form
- Before signing the first contract (Offer or P&S), the seller or agent must give the buyer a state mandated disclosure form.
- Both the buyer and seller must sign this form, which confirms the buyer’s right to a reasonable time to get and review an inspection.
✅ Buyers Still Have a Choice (Post-Offer)
- The law doesn’t force anyone to get an inspection. After receiving the disclosure and without any pressure from the seller, a buyer is still free to choose not to hire an inspector.
- The key is that the decision must be made freely, not as a condition for the seller to accept the offer.
🚫 No Sneaky Contract Terms
- Contracts cannot include terms that make the inspection basically useless. Examples of this include giving the buyer only one day to complete the inspection, or setting a ridiculously high repair threshold (like $100,000 on a low priced home).
- You can still negotiate reasonable terms, such as agreeing on a financial cap for repairs that would allow the buyer to walk away if major issues are found.
ℹ️ Exemptions (Who the Law Doesn’t Apply To)
- The law generally covers most residential sales, though a few transactions are exempt, including:
- Sales between close family members.
- Transfers due to a divorce.
- Sales of newly built homes that are pre completion and include a one year written warranty.
🧑⚖️ Impact on Real Estate Professionals
Failure to provide the mandatory disclosure form is a violation of state consumer protection law and can lead to serious penalties. Agents and brokers now have a direct responsibility to ensure compliance and avoid unfair or deceptive practices.
🔮 Looking Ahead
This is a win for buyers, leveling the playing field and ensuring everyone has a fair chance to understand what they are purchasing. Sellers, you still don’t have to make repairs based on the findings, though you must still disclose any known issues.
Sellers/Agents: Familiarize yourself with the new rules and make sure the signed disclosure form is attached to all offers (just like the Lead Paint notification).
Buyers: Understand and use your protected right! We encourage you to hire a licensed home inspector to fully evaluate the property if you choose.
📲 If you have any questions regarding these new regulations, please feel free to reach us at (857) 400-9078