Mass. Real Estate Law Takes Effect Oct. 15, 2025

There is a new home inspection rule that takes effect this fall in Massachusetts. Buyers and sellers in the commonwealth need to know this. You can no longer make a deal on a new property and omit the home inspection.

The guys from Bishop West Real Estate in Adams, MA explained the new law to our radio show listeners on Friday morning.

This legislation, part of the Affordable Homes Act signed by Governor Maura Healey on August 6, 2024, aims to empower homebuyers by ensuring their right to a home inspection without pressure to waive it, addressing longstanding issues in competitive housing markets.

Mass. Real Estate Law Takes Effect Oct. 15, 2025

In recent years, homebuyers have too often been pressured to choose not to have a home inspection so their offer to purchase will be considered competitive. Home inspections can help buyers uncover potential issues, avoid unexpected expenses and bring peace of mind to a family making a big financial decision. They can also be an important part of negotiating a fair price for a home. -mass.gov

The Old Rule

Previously, Massachusetts homebuyers could include an inspection contingency in their purchase and sale agreement, allowing them to conduct a home inspection within a specified period (typically 7-14 days) and negotiate repairs or withdraw their offer if significant issues were found.

However, in hot markets, sellers often pressured buyers to waive this contingency to make their offers more competitive. Buyers who waived inspections risked purchasing properties with undisclosed defects, leading to unexpected repair costs and financial burdens post-purchase. Sellers could accept offers contingent on waiving inspections without legal restrictions.

The New Law

The new law, effective October 15, 2025, which was extended from an earlier June 15, prohibits sellers and their agents from conditioning offer acceptance on buyers waiving, limiting, or forgoing their right to a home inspection.

Buyers are guaranteed a 10-day period post-offer acceptance to conduct inspections and can revoke their offer if repairs exceed their proposed amount. The law applies to most residential transactions, with exceptions for certain auction properties and inter-family sales. Violators face penalties up to $10,000, cementing the state’s commitment to consumer protection.