What the New Massachusetts Home Inspection Law Means for Buyers & Sellers

Beginning October 15, 2025, Massachusetts buyers can no longer waive a home inspection when submitting an offer. This update is designed to protect consumers and it affects both sides of a real estate transaction.

For Buyers

In the past, buyers sometimes waived inspections to stand out in multiple-offer situations. Now, Massachusetts law guarantees you the right to a home inspection with every offer. Sellers must make the property available within a reasonable time after acceptance, and no one, seller or agent, can require you to give up that right to get your offer accepted.

• Protection is built in. Every buyer now has the legal right to hire a licensed home inspector of their choice before moving forward with a purchase.
• You can still choose not to inspect. You may decide to skip the inspection, but the right to one cannot be removed or waived in your offer documents.
• Ask questions before you sign. Your buyer’s agent can help you understand inspection timelines and what to expect once your offer is accepted.
• Plan for possible follow-up negotiations. If your inspection uncovers issues, you’ll have the opportunity to request repairs, credits, a price adjustment, or walk away if that’s best for you.
• Focus on transparency and confidence. This rule aims to protect buyers from unseen defects and rushed decisions, giving you more certainty in one of life’s biggest investments.

In short, the change shifts the focus from “winning the offer” to making an informed decision, a step that benefits buyers across every market condition.

For Sellers

Every accepted offer will now include the buyer’s right to a home inspection. This means sellers and their agents must understand how to stay compliant with the new Massachusetts Home Inspection Disclosure Law and be ready for a few extra steps during the transaction.

• Sign the new Home Inspection Disclosure form. Massachusetts now requires both buyers and sellers to sign this form before entering into a purchase contract. It confirms that your sale is not contingent upon a buyer waiving or limiting their right to an inspection. We’ll attach your signed form to the MLS listing, and buyers will include the signed copy with their offer.
• Expect inspections to be part of every accepted offer. Sellers can no longer accept offers that mention waiving or restricting inspections. Your agent will review incoming offers carefully to ensure they meet this requirement.
• Prepare your home for access. Once an offer is accepted, you’ll need to make your property available for the buyer’s inspection within a reasonable period of time agreed upon by both parties.
• Be ready for post-inspection discussions. Buyers may request repairs, credits, or price adjustments depending on the results of their inspection. Staying flexible and informed helps keep negotiations productive.
• Rely on your listing agent for guidance and compliance. We’ll coordinate timelines, review forms for accuracy, and make sure your listing follows all current legal standards to protect you and keep your deal on track.

This update is about clarity and protection, not complication. By following the new process, sellers reduce legal risk, encourage transparency, and build buyer confidence throughout the transaction.

What It Means for the Market

With inspections back on the table, buyers gain confidence and sellers can highlight well-maintained homes. Timelines may be slightly longer, but the outcome should be cleaner deals and fewer surprises before (and after) closing.

Market stats and real estate laws change over time. For the latest guidance, consult a licensed Massachusetts real estate professional.