Your Right to a Home Inspection in Massachusetts
A new state law protects buyers and promotes fairness in home sales starting October 16, 2025. In this video, John Lynch and Ed Johnston of Dwell360 break down what the new Massachusetts Home Inspection Law means for buyers and sellers.
A Major Change for Massachusetts Homebuyers
It's now the law in Massachusetts that every homebuyer has the right to inspect their new home before they buy it. Beginning October 16, 2025, sellers and real estate agents can not request or accept offers that waive a buyer's right to a home inspection.
This new rule, part of the 2024 Housing Bond Bill and codified under 760 CMR 74.00, was designed to promote transparency, protect consumers, and ensure every homebuyer can make an informed decision before purchasing a property.
What the Law Says
“We have seen buyers feel the pressure when they find their dream home to waive their home inspection in order to win the bid to get their offer accepted. This new law ends that and puts more transparency into the home purchase process.”
The new Massachusetts Home Inspection Law now ensures that:
Buyers always have the right to conduct a home inspection with a licensed home inspector.
Sellers and agents cannot condition acceptance of an offer on the buyer waiving their right to a home inspection.
Effective Date
The latest Massachusetts law applies to all contracts entered into on or after October 16, 2025. From now on, it is in effect.
Properties Covered
The properties that this law covers are residential properties in Massachusetts with one to four units, including:
Single-family homes
Condominiums (including common areas)
Multi-family homes (up to four units)
What Counts as a "Home Inspection"?
A home inspection must be conducted by a licensed Massachusetts home inspector and covers the major systems and components that are readily accessible and visible, such as:
Roofing
Exterior & structure
Electrical & plumbing
Heating & cooling
Interior conditions
Insulation & ventilation
It does not include destructive or invasive testing methods (such as drilling or sampling).
Seller Disclosure Requirements
Before signing the first written contract, whether it's an offer to purchase or the Purchase and Sale agreement, the seller or their agent must provide the new state-issued disclosure form. This document states:
"The Buyer has the right to have the premises inspected by a licensed home inspector of their choice, and the agreement to purchase is not contingent upon waiver of that right."
This form must be signed by both the buyer and the seller before the contract is executed. Failure to provide this Disclosure might be considered an unfair or deceptive act under Massachusetts General Law Chapter 93A, exposing agents and/or sellers to potential penalties.
What's Not Allowed
This new home inspection law in Massachusetts prohibits anything that would "render a home inspection meaningless." That would include:
Unreasonably limiting the buyer's ability to schedule or review an inspection.
Preventing the buyer from backing out if the inspection results are unsatisfactory.
Suggesting (directly or indirectly) that the buyer should skip an inspection before an offer is accepted.
What Is Allowed
The buyers and sellers can still review the following terms related to a home inspection:
Both should agree on a reasonable time period for completing the inspection.
Establish a threshold for repair costs (for example, allowing the buyer to withdraw only if the repair costs exceed a certain amount).
Negotiate additional specialized inspections, such as for radon, pests, or structural evaluations.
Does the buyer have to inspect?
No, the buyer is not forced to inspect. Importantly, a buyer can only choose to waive their inspection after their offer has been accepted. The inspection cannot be waived before an offer is accepted.
Exceptions & Exemptions
There are very few exceptions or exemptions to the inspection law. The following sales are not subject to the new law at this time:
Auctions conducted by licensed auctioneers
Transfers to relatives or between former spouses (court-ordered)
Estate-planning transfers involving trusts or family beneficiaries
Foreclosures or deeds in lieu of foreclosure
New-construction homes where the purchase contract was signed before the house was substantially complete, and the builder provides a one-year written warranty for major systems and components.
“We’ve always encouraged our clients to make informed choices and have always encouraged them to inspect the home they are purchasing. This law simply ensures everyone in Massachusetts gets that same protection.”
Why This Matters
This law strengthens consumer confidence and helps prevent buyers from making rushed decisions during competitive markets.
At Dwell360, we believe informed buyers make better homeowners, and having a standard for inspection will help the transaction flow smoothly.
Dwell360 is an elite residential real estate firm based in Newton, Massachusetts, servicing the cities and suburbs of metro Boston. Owned by REALTORS Ed Johnston and John Lynch, Dwell360 is a leader in luxury real estate throughout Newton, Needham, Boston, Brookline, and other communities of the Greater Boston Area and on Cape Cod. Search for homes in Massachusetts or give us a call!
