What the New Massachusetts Home Inspection Law Means for Buyers & Sellers (as of 10/25)

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

(Effective October 15, 2025 — for educational purposes only, not legal advice)

1. What’s Changing?

• Buyers continue to have the right to hire a licensed home inspector (within reasonable time) 
after accepted offer and customary before signing of P&S.
• Sellers and their agents are prohibited from conditioning the sale on buyers waiving inspection.
• Sellers may not accept an offer if they know the buyer intends to waive an inspection before 
acceptance.
• A separate Mandatory MA Home Inspection disclosure form is now required, signed by both buyer and 
seller.
• Buyers may still choose not to inspect — as long as it’s their decision, and after the offer is 
executed.
2. Why This Matters

For Buyers: You’re protected from being pressured to waive inspection to compete. You get clearer 
insight into the property.
For Sellers: You must ensure no offer is conditioned on inspection waivers and must provide the 
disclosure form.

3. What Clients Need to Do

Buyers: Review and sign the inspection disclosure form. Hire a licensed inspector. Understand your 
rights. Sellers: Provide the Mandatory MA Home Inspection disclosure form at time of listing and 
must be signed. Don’t accept offers that involve pre-acceptance waivers. Listing agent should put a 
signed disclosure form on the MLS document ?le.
Both: Keep clear documentation of disclosures and signatures.

. Important Dates, Exemptions & Limitations

• Applies to 1–4 unit residential properties, condos, and co-ops.
• Effective for agreements signed on or after October 15, 2025.
• Exemptions: family transfers (estate planning, divorce settlement to ex spouse) 
foreclosures/auctions, deed-in-lieu, some new construction sales (only when a builders warranty is 
included).

5. What This Does Not Mean

• Buyers are not required to have an inspection, however, nothing in writing shall be in the offer 
regarding buyers decision to not have an inspection. Nor expressed between agents and sellers/ 
buyers.
• Normal negotiations on repairs or contingencies are still allowed.
• Buyers can still waive inspections — but not due to seller pressure. They must also sign a 
Post-Contract Waiver of Inspection Rights.

6. Bottom Line

Buyers: Stronger right to inspect. Sellers: Must respect that right. Everyone: Transparency helps 
avoid surprises.