MA Home Inspection Law starting October 15, 2025

Dated: October 6 2025

Views: 894

On October 15, 2025, a new Massachusetts law will take effect requiring sellers and buyers to sign a disclosure form informing them of their rights prior to signing a contract to purchase. 
This law prohibits sellers from accepting an offer that is waiving an inspection, aiming to protect buyers' ability to identify safety hazards and unhealthy conditions.
Buyers can still choose to waive their inspection after an offer is accepted, and an addendum shall be signed indicating this decision was their own.
Key Provisions of the New Law
  • Mandatory Disclosure Form: 
    Sellers must provide a signed disclosure to prospective buyers confirming their right to an inspection
Buyer's Right to Inspect: 
Buyers retain the right to have the home inspected, and this right cannot be diminished. 
Agent Responsibility: 
Real estate agents have a new layer of responsibility and cannot encourage sellers to favor offers with no contingencies or include language in offers that suggests inspections are unnecessary. 
Exemptions: 
Sales to relatives, estate planning transfers, new construction with a warranty and auctions.
What This Means for Buyers
  • You will always have the right to a licensed home inspection before moving forward with a purchase.
  • You should not feel pressured by a seller or agent to waive your inspection right.
  • The disclosure form is a key document to ensure your rights are protected.

What This Means for Sellers

  • You must prepare to have inspections become more common, as they can no longer be a waived contingency in your offers.
  • Addressing potential issues before listing can be beneficial.
  • Listing agreements will have the new Massachusetts Mandatory Residential Home Inspection Disclosure added to them. 
  • Sellers may want to think about having a pre-home inspection to get ahead of any issues.
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Sharon Lucido

Both my Dad and my Father-in-law were Real Estate Brokers. From watching them, I learned that real estate is not just about buying and selling, it's an emotional process that should be handled with ho....

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