
As of October 15, 2025, a major new law affecting home inspections in Massachusetts went into effect — and it’s one of the biggest changes to the home-buying process in years. This new regulation, part of the Affordable Homes Act, is designed to protect buyers and ensure greater transparency in real estate transactions.
What Changed?
Under the new law:
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Sellers and their agents can no longer condition the acceptance of an offer on the buyer agreeing to waive their home inspection. In other words, buyers can’t be pressured into skipping a home inspection to make their offer more attractive.
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Sellers may not accept an offer if the buyer has already told them they intend to waive an inspection. This prevents inspection waivers from becoming a bargaining tactic during negotiations.
What Isn’t Required
It’s important to be clear: the new law doesn’t force a buyer to get a home inspection. Buyers still can choose whether to have one done — but the decision must be their choice, not something influenced by the seller or agent.
New Disclosure Requirement
A key part of the regulation is a mandatory written inspection rights disclosure. Before or at the time of signing a purchase agreement, the seller (or their agent) must provide the buyer a document confirming that:
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the buyer has the right to a home inspection, and
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acceptance of the offer isn’t tied to waiving that right.
Both parties must sign this form, which helps make sure buyers understand their rights before committing to a contract.
Who This Applies To
The law applies to most residential home sales in Massachusetts, including:
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Single-family homes
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1-4 unit residential properties
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Condominium units
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Cooperative housing sales
There are a few exceptions — for example, certain family transfers, foreclosures, and specific new-construction transactions where a warranty is provided may be exempt.
Why This Matters
This new regulation is designed to give buyers greater peace of mind and better protection when making one of the biggest financial decisions of their lives. Home inspections help uncover hidden issues like structural problems, plumbing or electrical concerns, and other costly repairs that might not be obvious from a showing. The law helps ensure buyers can make informed decisions without feeling unfair pressure to skip this important step.