What to Know About Massachusetts’ New Home Inspection Law
Buying a home in Massachusetts will now feel fairer and more transparent. Starting in October 2025, a new state law provides homebuyers with stronger protection for their right to a home inspection, a safeguard that has often been compromised in the state’s hyper-competitive housing market.
The rule is part of the Affordable Homes Act of 2024 and is now written into state housing regulations under 760 CMR 74.00. It’s designed to counter the subtle, and sometimes not-so-subtle, pressure that buyers face to skip inspections to make their offers stand out.
What the Law Does
Under the new rules, sellers and agents can no longer make or accept offers that depend on a buyer waiving the right to a home inspection. Buyers still have the option to forgo an inspection, but only if they do so voluntarily and without any influence from the seller or their representative.
Every buyer must also receive a written disclosure that clearly spells out their right to a home inspection and confirms that no one can require them to waive it.
The law covers most residential transactions, including single-family homes, condos, and multifamily properties up to four units. It does carve out exceptions for family transfers, estate sales, and specific new construction properties.
When the Rules Apply
The change applies to purchase contracts signed on or after October 15, 2025. Any deals inked before that date remain subject to the previous rules.
Why Lawmakers Stepped In
The new protections come after years of intense competition in Massachusetts’ real estate market, where bidding wars have become the norm. In many cases, hopeful buyers, particularly first-time buyers, have felt compelled to waive home inspections to have a fighting chance.
That gamble can come back to haunt them. Without an inspection, serious issues such as foundation cracks, faulty wiring, or leaky roofs often go unnoticed until after the sale is closed.
State officials say the new law is designed to level the playing field. Governor Maura Healey’s administration frames the measure as a matter of consumer protection, transparency, and fairness, ensuring that buyers aren’t forced to sacrifice due diligence to compete.
How It Changes the Game
For Buyers:
The days of losing out on a dream home simply because you want an inspection are over. Buyers now receive a clear disclosure affirming their right to one, and they can still choose to waive it if they genuinely wish, but only by their own choice.
For Sellers:
Sellers must disclose that buyers have this right and can no longer advertise listings with “inspection waived” language. With more buyers likely to opt for inspections, sellers may be encouraged to address known issues upfront and maintain detailed and accurate disclosure forms.
For Agents and Brokers:
Real estate professionals will offer updated forms to comply with the new law. Ensuring that listings and negotiations follow the rules will be crucial to avoiding penalties.
Debate in the Market
Not everyone in the industry applauds the change. Some agents argue that banning inspection waivers removes a strategic tool for buyers trying to stand out in bidding wars. But supporters counter that the law doesn’t ban inspections, it simply restores balance.
The Bigger Picture
Since this law took effect, Massachusetts has joined a growing number of states that are moving to rein in contentious real estate practices that have emerged in recent years. The law doesn’t force anyone to get an inspection, it just guarantees the freedom to choose one without penalty.
For buyers, it means confidence. For sellers, it means transparency. And for the market as a whole, it signals a shift toward fairness and accountability in one of the nation’s most competitive housing landscapes.
