Major Shift Coming: Massachusetts Home Inspection Law Changes Effective July 15, 2025!

Big news for anyone looking to buy or sell a home in Massachusetts! A significant change in real estate law regarding home inspections is on the horizon, set to go into effect on July 15, 2025. This update is all about consumer protection and aims to level the playing field for buyers in a competitive market.

What's Changing?

Here's a breakdown of the key shifts you need to know:

• No More Pressure to Waive: The days of sellers or their agents mentioning, denying, or insisting on no home inspection are over. This new law explicitly prohibits sellers from conditioning the acceptance of an offer on a buyer's agreement to waive, limit, or restrict their right to an inspection.
• Goodbye to Pre-Offer Waivers: If a seller or their agent knows, directly or indirectly, that a prospective buyer intends to waive their right to an inspection before an offer is accepted, they cannot accept that offer. This is a crucial step to prevent buyers from feeling pressured to forego an inspection just to make their offer more attractive.
• Contingency Forms Get an Overhaul: Expect to see changes in standard offer and purchase and sale agreement forms. The home inspection contingency will be integrated in a way that aligns with the new regulations, ensuring buyers have the opportunity for a thorough inspection.
• The 10-Day Inspection Window: Once an offer is accepted, buyers will generally have 10 days to conduct their home inspection. Following the inspection, they will then have 5 days to notify the seller of any issues or their decision to proceed or withdraw. (Note: This timeframe can be extended if mutually agreed upon in writing).
• Origin of the Change: This new law is coming directly from the Massachusetts State House, passed as part of the Affordable Homes Act in August 2024, with regulations being finalized to guide its implementation.

Why is This Important?

For years, in a hot market, buyers often felt compelled to waive home inspections to make their offers stand out. This practice, while sometimes helping offers get accepted, put buyers at significant risk of discovering major issues with a property after the purchase was complete, leading to unexpected financial burdens and stress.

This new legislation aims to empower buyers with more information and protection, ensuring they have a fair opportunity to understand the condition of a property before committing to a purchase. It emphasizes transparency and due diligence, promoting a more balanced real estate transaction process.

Penalties for Non-Compliance:

Failure to comply with this new law can carry significant consequences. Currently, the maximum penalty for not following these rules is $10,000. This underscores the seriousness with which the state is approaching consumer protection in real estate.

What You Should Do:

As the July 15, 2025, effective date approaches, it's crucial for both buyers and sellers, and their real estate agents, to be fully informed about these changes.

• Buyers: Understand your rights! You will have a clear path to getting a professional home inspection without undue pressure. Work closely with your buyer's agent to ensure your offer and subsequent process align with the new law.
• Sellers: Familiarize yourself with the new prohibitions. Your real estate agent will be vital in navigating these changes to ensure your listings and offer acceptance processes are compliant.
• Real Estate Professionals: Stay updated on the evolving regulations and ensure your practices, forms, and client education reflect the new requirements.

This change represents a significant step forward for consumer protection in the Massachusetts real estate market. We will continue to provide updates as more details become available regarding the finalized regulations.