What is the new Massachusetts home inspection law?

As of October 15, 2025, Massachusetts has put into effect a significant change in real estate law designed to protect homebuyers and ensure greater transparency in residential transactions.

What's changed?

Under the updated regulations, sellers and their agents can no longer condition the sale of home on a buyer waiving the right to a home inspection. In practice this means:

• Sellers cannot require, suggest, or accept offers that are tied to a buyer agreeing not to inspect the property.
• Buyers still retain the choice to skip an inspection but only after an offer is accepted and without pressure from the seller or agent.

This change closes a loophole that had become common in competitive markets, where buyers waived inspections to make their offers more attractive.

Why this matters: 

Home inspections are one of the most important tools for understanding a home's condition and identifying potential safety or structural issues before a sale is final. Prior to this change, some buyers felt compelled to waive inspections to compete in bidding wars.

The new law aims to create a more even playing field, ensuring that buyers can make fully informed decisions without feeling pressured to sacrifice due diligence. 

Mandatory Disclosure Requirement:

A key component of the regulation is a new disclosure form that must be provided to buyers. This document, the Massachusetts Mandatory Residential Home Inspection Disclosure, must be signed by both the seller and the buyer, no later then the first written Offer to Purchase. This confirms that:

• the buyer has the legal right to obtain a home inspection
• the seller is not conditioning the sale on waiving that right
• the buyer will have a reasonable period to complete and inspection and review results

There are some exceptions to this law including transactions between family members and trusts, auctions or foreclosures sold by banks or authorities, newly constructed homes that come with a one year builder's warranty. Your agent or attorney can determine whether a specific transaction falls under an exception. 

Bottom Line:

While the real estate market continues to evolve, this new law helps to protect consumers and promote transparency in one of the most significant purchases most people will ever make. 

To learn more about the entire process of buying or selling a home, please contact Mary Wilson at Compass. [email protected]