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Compass
14 Essex St,
Andover, MA 01810 -
Joelle Smith, CRS, GREEN
Buying or selling a home in Massachusetts looks a little different now, especially when it comes to home inspections.
A new Massachusetts regulation took effect on October 15, 2025, with the goal of protecting a buyer’s right to have a home inspected. The change was largely a response to the highly competitive market conditions that led many buyers to waive inspections in hopes of making their offers more attractive.
There has been plenty of confusion about the new rules, including whether inspections are now mandatory and whether buyers can still write competitive offers.
Here is what Massachusetts buyers and sellers actually need to know.
What Changed With the Massachusetts Home Inspection Law?
Under the new regulation, sellers and their real estate agents cannot require, encourage or pressure a buyer to waive or significantly limit a home inspection as a condition of accepting their offer.
A seller also cannot accept an offer that states the buyer intends to waive their right to a home inspection.
The regulation applies to qualifying residential sales occurring after October 15, 2025. It generally covers one-to-four-unit residential properties, individual condominium units and residential cooperative sales. (Massachusetts Government)
In simple terms, a buyer should not have to give up the opportunity to properly evaluate a home just to have their offer considered.
Are Home Inspections Now Required in Massachusetts?
No. A home inspection is not mandatory.
The law protects a buyer’s right to obtain an inspection, but it does not require the buyer to complete one.
A buyer may ultimately decide not to have the home inspected, but that decision must be made voluntarily and without pressure or encouragement from the seller or the seller’s agent. The buyer must also receive the required disclosure explaining their inspection rights. (Massachusetts Government)
That distinction is important. The new rule does not force every buyer to schedule an inspection. It prevents the inspection waiver from becoming an unofficial requirement for having an offer accepted.
What Disclosure Is Required?
Before or at the time the first purchase contract is signed, the seller or the seller’s agent must provide the buyer with a separate written disclosure explaining the buyer’s right to a home inspection.
The disclosure must be signed by both the buyer and seller. It confirms that the buyer has a reasonable opportunity to:
The inspection must be performed by a licensed home inspector, follow Massachusetts standards of practice and include a written evaluation. (Massachusetts Government)
Can Sellers Still Choose the Strongest Offer?
Yes.
Sellers still have the right to evaluate the complete terms of every offer, including:
What sellers cannot do is condition their acceptance on the buyer agreeing to waive or improperly restrict a home inspection.
A seller is also not required to automatically make every repair identified during an inspection. The purpose of the inspection is to allow the buyer to understand the property’s condition and make an informed decision.
Can Buyers Still Use an Inspection Threshold?
Yes. Buyers and sellers may agree to reasonable monetary thresholds related to inspection findings.
For example, a buyer might agree not to terminate the transaction or request repairs unless the inspection identifies more than a specified dollar amount in necessary repairs.
This can allow a buyer to communicate that they are not concerned about minor or cosmetic findings while still maintaining meaningful protection against larger issues.
The key word is reasonable. Inspection language cannot be written in a way that makes the buyer’s right to an inspection practically useless. Unreasonably short scheduling periods or terms that prevent the buyer from withdrawing based on significant findings may violate the regulation. (Massachusetts Government)
Buyers should work closely with their real estate agent and attorney when deciding whether an inspection threshold is appropriate.
What Is Considered a Reasonable Inspection Period?
The regulation does not create one required inspection timeline for every transaction.
What is reasonable may depend on:
In practice, buyers and sellers can still negotiate a defined inspection period. However, the timeline should provide a genuine opportunity for the buyer to hire an inspector, complete the inspection and evaluate the findings.
Can Buyers Request Repairs After the Inspection?
The new regulation does not automatically require a seller to complete repairs or issue a credit.
The buyer’s options depend on the language of the accepted offer and purchase agreement. Depending on those terms, the buyer may be able to:
The seller may agree, decline or propose a different solution.
This is why the inspection contingency must be carefully written. Buyers should understand whether their contingency permits negotiation, termination or both.
What Does This Mean for Buyers in a Competitive Market?
Buyers can still create a strong offer without taking unnecessary risks.
A competitive offer might include:
The strongest offer is not always the one that gives up the most protection. It is often the offer that gives the seller confidence that the buyer is financially qualified, well prepared and committed to completing the purchase.
Before including an inspection threshold or other limitation, buyers should understand the age and apparent condition of the home. A newer condominium may present very different risks than a 100-year-old house with an older roof, fieldstone foundation, septic system or dated electrical service.
What Does the New Law Mean for Sellers?
Sellers should expect most offers to include some form of home inspection protection. That does not mean every transaction will become difficult or that sellers will be expected to repair everything in the inspection report.
A good listing strategy begins before the home reaches the market. Sellers may benefit from:
Preparation matters. When buyers can see that a property has been responsibly maintained, they may be more comfortable proceeding after the inspection without making extensive requests.
Some sellers may also consider completing a pre-listing inspection. This can help identify potential issues ahead of time, but it is not the right strategy for every property. Sellers should discuss the advantages, disclosure considerations and potential drawbacks with their agent and attorney first.
Does the Law Eliminate Competitive Offer Situations?
No. Multiple-offer situations can still happen, particularly for well-priced homes in desirable locations. The difference is that sellers cannot make waiving the home inspection the price of admission.
Buyers may still compete through price, financing, timing and other terms. Sellers may still choose the offer that provides the best overall combination of price, certainty and convenience.
The goal of the regulation is not to prevent competition. It is to help ensure that buyers are not pressured into purchasing a home without a meaningful opportunity to understand its condition.
Why a Home Inspection Still Matters
Even a beautifully maintained home can have issues that are not visible during a showing.
A licensed home inspector may identify concerns involving:
An inspection report can also help buyers understand how the home works, which items may require ongoing maintenance and which improvements should be prioritized after closing. The goal is to understand what you are buying and decide whether the home, its condition and its future expenses are right for you.
The Bottom Line
The Massachusetts home inspection regulation that took effect on October 15, 2025 protects a buyer’s opportunity to have a qualifying residential property inspected.
It does not make inspections mandatory. It does not require sellers to repair every issue. It does not prevent buyers from using reasonable inspection thresholds or writing competitive offers.
It does require that buyers receive the appropriate disclosure and have a genuine opportunity to make an informed decision without being pressured to waive their inspection rights.
Every property and transaction is different. Buyers and sellers should work with an experienced Massachusetts real estate agent and real estate attorney to structure terms that comply with the regulation while supporting their individual goals.
Thinking about buying or selling a home in Massachusetts? I help clients understand the property, the market and the fine print so they can move forward with a strategy that makes sense for them.
This article is for general informational purposes only and should not be considered legal advice. Real estate laws and regulations may change. Buyers and sellers should consult a Massachusetts real estate attorney regarding their specific transaction.
Compass
14 Essex St,
Andover, MA 01810
Joelle Smith, CRS, GREEN