By Boston Connect Real Estate | Talk Real Estate Roundtable

Massachusetts real estate just saw one of its biggest regulatory changes in years and if you’re buying or selling a home, it’s important to understand what this new law means for you.

This legislation aims to create a more “level playing field” for buyers especially after years of intense competition that led many to waive home inspections just to get an offer accepted. But as Sharon and Melissa explained, this new rule brings both clarity and complexity for all parties involved.

During the competitive markets of 2021–2023, buyers often waived home inspections to make their offers more appealing. It became a common and risky practice, particularly in bidding wars where sellers favored “clean” offers with fewer contingencies.

Lawmakers believed this put buyers in a vulnerable position, potentially purchasing homes without a clear understanding of the property’s condition. The new legislation now ensures every buyer has the right to a home inspection and that sellers can no longer prioritize offers based on inspection waivers.

Here’s the core of the change:

This form acknowledges that:

The buyer has the right to conduct a home inspection by a licensed professional.

The seller recognizes and agrees to that right.

The listing agent must confirm that the seller has been informed of these obligations

The purpose is simple transparency and fairness. It prevents sellers from choosing offers solely because a buyer agrees to skip an inspection, while still giving buyers flexibility after their offer is accepted.

The law uses the word “reasonable” to define the timeframe in which a buyer must complete an inspection, and this is where negotiation comes into play.

Buyers should schedule inspections as soon as possible within that period not only to avoid delays but also to allow time for reviewing reports, obtaining quotes for potential repairs, or requesting follow-up inspections for issues like radon, lead paint, or mold.

If you’re selling your home, this new disclosure does not take away your rights or ability to negotiate. Sellers can still:

Decline to make repairs after the inspection.

Sell the property “as-is.”

Negotiate a financial threshold for example, agreeing to address only issues exceeding a certain dollar amount, such as $10,000.

In short, the law doesn’t force you to fix everything it just ensures that buyers have the opportunity to assess the property’s true condition before proceeding.

For buyers, this law reaffirms that the home inspection is an educational opportunity, not just a negotiation tactic. A good home inspector walks buyers through critical systems such as heating, electrical, and plumbing, teaching them how to maintain their new home.

As Sharon noted, many first-time buyers learn invaluable details during the inspection like where the main water shutoff is or how to maintain a boiler system information that helps prevent costly mistakes after closing.

The rule also applies in a limited way to new construction. Sharon explained that buyers of substantially completed homes (such as model units) must still receive the home inspection disclosure.

The Massachusetts Home Inspection Law aims to ensure fairness and protect buyers from feeling pressured into waiving an important step in the home-buying process.

At Boston Connect Real Estate, we’ve already implemented best practices to ensure compliance including attaching the new disclosure form to MLS listings and educating our agents, buyers, and sellers on the details of this law.

If you’re buying or selling a home in Massachusetts and want to understand how this new law affects your real estate plans, our experienced agents are here to help.

And don’t forget to tune in to Talk Real Estate Roundtable streaming on Facebook, YouTube, LinkedIn, and wherever you listen to podcasts for more updates on real estate trends, market insights, and expert advice from your South Shore real estate team.