Massachusetts' New Home Inspection Law: What It Means for Buyers, Sellers & Agents

**Date postponed to October 15th**

Starting June 15, 2025, Massachusetts will implement a sweeping new home inspection law that will significantly change how offers are made and accepted in most residential real estate transactions. The goal is simple but impactful: to ensure that all buyers—especially first-time and FHA/VA buyers—have a fair shot at conducting a home inspection before closing.

But don’t let the simplicity of the idea fool you—this law comes with detailed requirements, strict compliance rules, and serious penalties.

Here’s what you need to know.

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1. Buyers Now Have a Legal Right to a Home Inspection

The new regulation creates a legal right for buyers to conduct a home inspection in nearly all Massachusetts residential transactions. The law doesn’t require a buyer to actually perform an inspection—but it does prohibit any condition or agreement that waives or limits that right.

In short, the offer must preserve the buyer’s ability to inspect, and the parties must follow specific disclosure rules to comply.

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2. Sellers Can’t Ask for or Accept an Offer That Waives Inspection

The law doesn’t just prohibit sellers from asking buyers to waive their inspection rights—it goes further.

Sellers cannot accept any offer that includes language (directly or indirectly) waiving or limiting the buyer’s right to a home inspection. That means even if a buyer voluntarily includes this in their offer to be more competitive, the seller is not allowed to accept it.

In other words: waiving inspections is no longer a bargaining chip.

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3. Offers Must Include New Statutory Language

To comply, all offers made on or after July 15, 2025 must include new statutory language confirming the buyer’s right to a home inspection. This specific language is required by the new law and cannot be omitted or modified.

Failing to include it could invalidate the offer—or worse, open the door to penalties.

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4. A New Disclosure Form Is Also Required

In addition to language in the offer itself, a separate written disclosure must be presented and signed. This disclosure repeats the statutory language and must be delivered to both the buyer and seller no later than the time the first written offer is signed.

Responsibility for delivering the form falls to the seller’s agent, or the seller themselves if it’s a For Sale By Owner (FSBO) transaction. The form cannot be skipped—even if the parties claim to “understand” the rules.

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5. Buyers Are Not Required to Conduct a Home Inspection

Importantly, the law does not force buyers to conduct a home inspection. The right to inspect remains just that—a right, not a mandate.

However, and this is critical...

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6. Buyers Cannot Signal That They’re Waiving an Inspection

Even if a buyer wants to skip the inspection, they cannot communicate that intent—directly or indirectly—to the seller.

If they do, the seller is legally prohibited from accepting the offer. This includes verbal comments, cover letters, or agent-to-agent conversations that imply the inspection will be skipped. It’s a “don’t ask, don’t tell” situation—but with legal teeth.

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7. Certain Transactions Are Exempt

The following types of transactions are excluded from the new inspection law:

* Sales between family members

* Sales at public auction

* Transfers pursuant to divorce proceedings

* Foreclosures, short sales, and deeds in lieu

* Transfers into most trusts

That said, agents should proceed carefully—even if an exemption seems to apply, confirm with legal counsel to avoid missteps.

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8. Violations Come With Serious Penalties

The penalties under the law are no joke:

* Sellers who violate the statute face civil penalties up to 4% of the purchase price in addition to compensatory harm caused to a buyer.

* Agents and brokers may be liable under Chapter 93A and can face disciplinary action from the Massachusetts Board of Registration of Real Estate Brokers and Salespersons.

The risk extends beyond just losing a deal—these are penalties that can follow professionals and sellers long after the transaction closes.

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How to Prepare

With the law taking effect June 15, but applying only to purchase contracts dated July 15 or later, there’s a short window for agents and attorneys to update:

* Offer templates and disclosure forms

* Office policies on handling offer discussions

* Training for agents on compliant language and practices

* Client education, especially for sellers hoping to “encourage” inspection-free offers

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Vanderveen Law Will Keep You Updated

At Vanderveen Law, we’re closely monitoring this regulatory shift. If the law’s effective date changes—or if clarifying guidance is issued—we’ll keep our clients and colleagues informed.

This is a major change, and we’re here to help make sure your transactions stay compliant, clear, and stress-free.

If you have questions about the new law or need help updating your forms and practices, don’t hesitate to reach out.

Disclaimer: This article is intended for general informational purposes and should not be construed as legal, tax or other professional advice. Prior to acting on any information in this article, you should seek legal, tax or other relevant professional counsel.