A new law took effect on October 15th that protects every buyer’s right to a home inspection.
Here’s how the law works:
No More Waiving The Home Inspection in an Offer
Sellers and agents can no longer encourage buyers to waive a home inspection as a condition of submitting an offer. This means your right to an inspection is fully protected by law, even in multiple-offer situations.
Mandatory Home Inspection Disclosure Form Will Need to Be Signed
Before signing an offer, both buyer and seller must now complete a state-mandated disclosure form. This form confirms the buyer has been informed of their inspection rights and understands they have the choice to proceed with or without one if their offer is accepted.
Buyers Can Waive An Inspection After Their Offer is Accepted
Buyers still have the option to waive an inspection, but only after their offer has been accepted, not before. This ensures that decisions are made with clarity and without pressure during the negotiation process.
Exceptions & Legal Compliance
Violating this law can now be considered an unfair or deceptive act under Massachusetts consumer protection laws (M.G.L. c.93A). Agents and sellers who fail to comply risk fines, legal action, or disciplinary measures. This law is applicable for residential homes. Commercial properties (buildings with more than 3 units) or properties sold at Auction are exempt.
Why This Matters
This change promotes transparency, fairness, and buyer confidence throughout the transaction. It also encourages sellers and agents to prioritize education and integrity, helping buyers make informed decisions about one of life’s biggest investments.
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💡 Add Value with Helpful Tips
For Buyers:
Always hire a licensed and experienced inspector.
Review the full inspection report — not just the summary.
Ask questions about repair estimates or safety concerns.
For Sellers:
Consider a pre-listing inspection to identify issues ahead of time.
Be open to repairs or negotiations — transparency builds trust.
