Massachusetts Home Inspection Law (2025): What Buyers and Sellers Should Know
- John T. Gatie, Esq.
- 16 hours ago
- 2 min read
Massachusetts’ home inspection rules changed significantly in late 2025, and the new law now governs how inspections are handled in most residential real estate transactions. Buyers, sellers, and real estate professionals should understand these changes, as inspection waivers are no longer treated the way they were in the past.
At its core, the law is designed to protect buyers while increasing compliance obligations for sellers and real estate agents.
What Does the New Law Do?
The Massachusetts Home Inspection Law prohibits sellers and their agents from requiring or encouraging buyers to waive a home inspection in order to have an offer accepted. It also restricts sellers from accepting offers where a buyer signals an intent to waive an inspection before the offer is accepted.
In addition, the law requires the use of a mandatory written disclosure confirming a buyer’s right to obtain a home inspection and providing a reasonable opportunity to evaluate the results before deciding whether to proceed with the transaction.
Who Does This Law Affect?
The law applies broadly to residential real estate transactions in Massachusetts and directly impacts:
Home buyers
Home sellers
Real estate agents and brokers
Attorneys involved in residential transactions
Because inspection practices are now regulated, mistakes made early in the offer stage can have legal consequences later in the transaction.
What Types of Properties Are Covered?
The law applies to most residential properties, including:
Single-family homes
Two-, three-, and four-family homes
Condominium units (regardless of building size)
Residential cooperative (co-op) units
Certain limited exemptions exist, such as foreclosure-related sales, family transfers, and some new construction transactions.
Can Buyers Still Waive a Home Inspection?
Yes. Buyers are not required to obtain a home inspection. However, any decision to move forward without an inspection must be voluntary and made after the required disclosure is provided — without pressure or inducement from the seller or the seller’s agent.
This distinction is important, as it changes how offers and negotiations should be structured.
What Happens If the Law Is Violated?
Failure to comply with the home inspection law can carry serious consequences. For real estate professionals, violations may be treated as unfair or deceptive practices under Massachusetts consumer protection law (Chapter 93A). For sellers, noncompliance may also be used as evidence of misrepresentation or concealment in a dispute.
How JTG Legal Services Can Help with Massachusetts Home Inspection Law
The new inspection rules have changed how offers are drafted, negotiated, and reviewed. Whether you are buying or selling a home, having legal guidance early in the process can help you avoid costly missteps and ensure compliance with the law.
JTG Legal Services advises buyers and sellers throughout the real estate transaction, including inspection-related issues, contract review, and negotiation strategies under the current regulatory framework.
If you have questions about how the Massachusetts Home Inspection Law applies to your situation, we are here to help.
Disclaimer
This article is for general informational purposes only and does not constitute legal advice. Reading this information does not create an attorney-client relationship. You should consult a licensed Massachusetts attorney for advice specific to your situation.