Massachusetts’ New Home Inspection Law: What It Means in 2025

By: Amanda George, Realtor, George Group Boston powered by Lamacchia Realty: | Massachusetts’ New Home Inspection Law: What It Means in 2025

A Big Shift in Massachusetts Real Estate: Why October 15, 2025 Matters:

TL;DR: Massachusetts is about to change the game in real estate. On October 15, 2025, a new home inspection law will officially take effect. Under 760 CMR 74.00, sellers and listing agents will no longer be allowed to condition a sale on a buyer waiving their home inspection rights—or accept an offer that signals such a waiver in advance.

What does that mean for buyers, sellers, and agents? Let’s walk through the fresh rules, the risks, and how to stay ahead in this new era of real estate in Massachusetts.

The Core Changes: What the Massachusetts Home Inspection Law Requires

Here’s a breakdown of the most important shifts under the new home inspection law:

• No Conditional Waivers Allowed. Sellers or their agents cannot require buyers to waive or limit their inspection rights as a condition for their offer to be accepted.

• No Accepting Offers That Signal Waivers. Sellers can’t accept an offer if informed (directly or indirectly) that the buyer intends to waive inspection rights.

• Mandatory Disclosure Before First Contract. Sellers (or their agents) must deliver a separate written disclosure, signed by both buyer and seller, affirming that the contract is not contingent on waiving inspection and the buyer retains choice of inspector and a “reasonable opportunity” to review results.

• Ban on Terms That “Render Inspection Meaningless.” Contract clauses that crush inspection effectiveness: e.g. giving only a few hours to schedule, restricting withdrawal rights, or overly narrow timelines, are prohibited.

• Reasonable Negotiated Limits Permissible. The parties may agree to repair cost thresholds or limited deposit forfeiture—but only if those terms are considered “reasonable” in the transaction context.

• Buyer May Still Waive, but Independently. The regulation doesn’t force inspections. A buyer can waive inspection provided the decision is made freely, without pressure or influence from seller or agent.

• Exemptions. Some transactions are excluded: sales between close family members, foreclosures or auctions, certain new construction deals (if first contract occurs before substantial completion plus a 1-year warranty), and agreements signed before October 15, 2025.

• Penalties & Legal Exposure. Violations by sellers or agents acting in a “business context” may be deemed unfair or deceptive under M.G.L. c. 93A. Agents could face discipline from the state real estate board. Also, waivers or restrictive terms may be used as evidence of intent to misrepresent in legal proceedings.

These new protections aim to re-balance fairness in transactions and discourage tactics pressuring buyers to forgo inspections.

Impacts & Guidance for Buyers

Why it matters for buyers: For too long, buyers in hot markets felt forced to waive or limit inspections just to stay competitive. With the new home inspection law, they regain the right to unequivocal access to inspection as part of decision-making.

What buyers should do:

1. Expect to inspect. Don’t feel compelled to waive, even in a tight market, because the law backs your right to meaningful inspection.

2. Read and sign the disclosure. When your agent hands you the inspection disclosure, make sure you understand it and keep a signed copy.

3. Leave room in your offer. Make sure inspection windows, review periods, and withdrawal rights are reasonable—not minimal or constraining.

4. Use inspection results wisely. If defects arise, be ready to negotiate repairs, credits, or walk away (if justified under your contract).

5. Document your waiver (if you choose). If you ultimately decide not to inspect, note that it was your independent, informed choice.

As a buyer, your agent becomes more vital than ever in helping craft compliant offers and guiding you through inspection decisions.

What Sellers Need to Know & Do

The new home inspection law forces a shift in strategy for sellers. You can’t lean on inspection waivers to make your offer “cleaner”. Transparency and preparation now become competitive advantages.

What sellers should avoid:

• Don’t advertise “offers without inspections only.”

• Don’t accept offers that imply the buyer will waive inspection.

• Don’t rely on terms or time windows that undermine inspection effectiveness.

What proactive sellers should do:

1. Order a pre-listing inspection. This gives you insight, lets you fix or disclose issues ahead of time, and reduces surprises when your buyer’s inspector shows up.

2. Work with your agent to draft compliant offers. Make sure your contract templates include the required disclosure, disallow prohibited waiver language, and leave room for true inspection review.

3. Be transparent and cooperative. When buyers request repairs or credits, engage reasonably rather than resist.

4. Document every step. Keep signed disclosures, communication records, and any inspection or repair documentation in case of disputes.

Sellers who embrace the spirit of the law—and operate with honesty—will actually win more trust, face fewer surprises, and reduce the risk of post-contract fallout.

The Role of Your Agent

This new home inspection law dramatically raises the bar for agent professionalism and compliance. The agents role now includes:

• Educate. Explain to buyers and sellers how the law changes their options and responsibilities.

• Scrub offers for compliance. Before submitting or accepting, check for sneaky waiver clauses or language that undermines inspections.

• Champion clarity in negotiation. Be proactive in drafting inspection windows, repair thresholds, withdrawal clauses in a way that meets “reasonable” standards.

• Communicate early and candidly. Lay down timelines, expectations, and rights—don’t leave anything unsaid.

Clients will now look to their agent not just as a transaction facilitator, but as a guardian of their inspection rights.

Why This Shift Matters — And What It Signals

• The law restores balance in markets where buyers were pushed to waive inspections just to compete.

• It promotes transparency and discourages the “hidden problem” trap.

• Agents who ignore or resist it may find themselves on the wrong side of consumer protection law or licensure discipline.

• Sellers who prepare and disclose will differentiate themselves over those who hope for buyers to stay silent.

• Critics argue the law could slow deal flow or limit flexibility—but in the long run, a more equitable approach builds trust, reduces post-closing surprises, and improves reputation across the industry.

October 15, 2025 is a turning point for Massachusetts real estate. The new home inspection law asks us all to raise our standards—for buyers, sellers, and agents alike.

If you’re a buyer, don’t let pressure push you into waiving inspection rights. If you’re a seller, don’t fear transparency—lean into it. And as an agent, this is your moment to lead by knowledge, integrity, and procedural rigor.

This new Massachusetts home inspection law marks a major step toward transparency and fairness in every real estate transaction. Buyers gain stronger protection, sellers gain clarity, and agents have a renewed opportunity to lead with integrity and expertise. Staying informed—and surrounding yourself with professionals who know the law inside and out—will make all the difference in this next chapter of Massachusetts real estate.

📞 Ready to talk real estate in Massachusetts?

Let’s connect: amanda@georgegroupboston.com| www.georgegroupboston.com

Sources & References

• Massachusetts Exec. Office of Housing & Livable Communities: “Healey-Driscoll Administration Implements New Policy Protecting Homebuyers’ Inspection Rights” Mass.gov

• Mass.gov: Residential Home Inspections Regulation Summary Mass.gov

• AgencyChecklists: Massachusetts Drops the Hammer on Home Inspection Waivers Agency Checklists

• BostonAgent Magazine: New Massachusetts Home-Inspection Law Set to Take Effect Boston Agent Magazine

• HousingWire: Massachusetts Set to Restrict Home Inspection Waivers housingwire.com

• Boston25 News: “Takes away rights” – Mass. realtors upset with new law boston25news.com

• Realtor.com: Massachusetts Bans Sellers from Accepting Inspection Waivers