Massachusetts’ New Home Inspection Law went into Effect October 15, 2025: What You Need to Know
Buying or selling a home in Massachusetts just got a little more interesting.
Starting October 15, 2025, a new state law changes how home inspections work, and more importantly, how waiving them doesn’t.
If you’ve ever been in a bidding war, you know the pressure: “Waive the inspection and maybe they’ll pick your offer!” Well, Massachusetts has officially decided that’s not the kind of competition it wants in the housing market.
Let’s break it down minus the legal jargon and plus a little sanity.
What’s Actually Changing
Under the new rule (760 CMR 74.00), sellers and their agents can no longer make accepting an offer dependent on a buyer skipping their home inspection.
That means:
- Sellers can’t say “We’ll only take your offer if you waive inspection.”
- Sellers must provide a new disclosure form confirming buyers’ inspection rights—signed by both parties before signing an offer or purchase and sale.
- Buyers can still choose to skip an inspection, but it has to be a truly voluntary decision—not the result of pressure, suggestion, or Jedi mind tricks from the seller’s side.
- The law applies to 1–4 unit homes, condos, and co-ops.
- It’s only for contracts signed on or after October 15, 2025.
So no, home inspections aren’t mandatory, but now, neither is feeling cornered into giving one up.
Why Massachusetts Did This
Let’s face it: the past few years have been a real-estate circus. Between record-low inventory and sky-high competition, buyers have been dropping inspections faster than you can say “foundation crack.”
The state decided it was time to cool things down. Officials cited consumer protection and fairness making sure buyers get the chance to make an informed decision without sacrificing safety or sanity.
As Governor Healey’s team put it, this rule helps level the playing field. No more bidding-war brinkmanship that leaves homeowners with buyer’s remorse and a roof that leaks in five places.
What Buyers Should Know
The good news: you have more breathing room.
- You’ll receive (and sign) a disclosure form confirming your right to a home inspection.
- You still get to decide whether to inspect or not.
- Sellers can’t use “no inspection” as leverage to pick another offer.
Does that mean you should always inspect? That depends. If you’re handy, have nerves of steel, or enjoy the thrill of mystery repairs, maybe not. For everyone else, it’s usually a smart move.
Even with the new protections, it’s still worth negotiating your inspection timeline and setting clear expectations. The law allows “reasonable limits” (like capping repair requests), so communication is key.
What Sellers and Agents Need to Know
Here’s the short version: if you’re selling, update your process yesterday.
- Make sure that disclosure form is signed by both parties before any offer or P&S agreement.
- Don’t hint, imply, or outright suggest that inspection waivers make offers stronger.
- Review your templates and contingencies to ensure compliance.
- Keep everything documented. Massachusetts loves its paperwork.
This law isn’t about forcing anyone into longer closings; it’s about transparency. Think of it as adding one more checklist item to keep everyone out of hot water.
Pro tip: if you’re an agent, train your team early. Better to have an awkward “here’s the new rule” conversation now than an awkward call from the Attorney General later.
Who’s Not Affected
A few exceptions apply:
- Family-to-family sales (including estates or divorces).
- Foreclosures and similar lender transfers.
- Certain new-construction homes under warranty.
For everyone else, yes, this includes your charming three-family in Roslindale and that Cape in Westwood… the new regulation applies.
What It Means for the Local Market
If you’ve been buying or selling around Greater Boston, you know “contingency-free” offers became the norm. This new rule might shift that dynamic.
Expect:
- More buyers including inspections again.
- Slightly longer timelines (inspectors, rejoice).
- More balanced negotiations and less “take it or leave it.”
And maybe... just maybe, a few fewer stress-induced gray hairs for everyone involved.
It’s not a huge shake-up, but it does reset expectations. Sellers can still evaluate offers based on price, terms, and timing. They just can’t base it on who’s brave enough to skip an inspection.
Quick Tips for Smooth Transactions
Buyers:
✅ Make sure you sign that inspection-rights disclosure before your offer.
✅ Schedule your inspection ASAP after the offer’s accepted.
✅ If you skip it, do so by choice, not because you felt pressured.
✅ Still read the report (if you get one). Knowledge is cheaper than repairs.
Sellers:
✅ Review and sign the new disclosure form with buyers.
✅ Don’t accept offers that hinge on waiving inspections.
✅ Communicate your timeline clearly to keep things moving.
✅ Remember: transparency builds trust and trust sells homes.
Agents:
✅ Update your forms and checklists.
✅ Educate your clients (and your office) on the changes.
✅ Keep signed documentation handy for compliance.
Bottom Line
Massachusetts isn’t outlawing home-inspection waivers, it’s just removing the pressure that turned “optional” into “expected.”
The goal? A fairer process, fewer hidden surprises, and maybe a few more buyers sleeping soundly the night before closing.
Whether you’re buying in Dedham, selling in Walpole, or eyeing that colonial in Norfolk, take the time to understand the new rule and use it to your advantage.
Because at the end of the day, a house should feel like home… not like a pop quiz you didn’t study for.
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