🏠 What You Need to Know About the New Massachusetts Home Inspection Law
Buying or selling a home is a big deal — and now Massachusetts has a new rule that aims to protect buyers and make the process fairer. Let’s break it down in plain English.
What’s new?
As of October 15, 2025, a new regulation called 760 CMR 74.00 goes into effect. It’s sometimes called the Massachusetts mandatory residential home inspection disclosure or inspection waiver law. Mass.gov+2Mass.gov+2
Here’s what it does:
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It prevents sellers (or their agents) from insisting that buyers skip or limit their home inspections as a condition to getting their offer accepted. Lamacchia Realty+3Mass.gov+3Mass.gov+3
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It prohibits sellers from accepting offers that already include a waiver or limitation of the inspection before the seller accepts. Lamacchia Realty+3Mass.gov+3MKC Home Inspection+3
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It requires a separate, written disclosure to be signed by both buyer and seller at (or before) signing the first contract (like an Offer to Purchase or Purchase & Sale). This disclosure confirms that the buyer has the right to inspect, and that they will have a “reasonable period of time” to decide whether to move forward if the inspection reveals issues. simpletitle.us+3Legal Information Institute+3Mass.gov+3
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The inspection must be done by a licensed home inspector and follow Massachusetts’ inspection standards. Mass.gov+1
What kinds of properties does this apply to?
This law covers most residential real estate transactions in Massachusetts, including:
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Single-family homes
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1–4 unit residential buildings
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Condominiums and residential co-op units Mass.gov+2Lamacchia Realty+2
But there are exceptions. The regulation does not apply in all cases. Some exemptions include: Mass.gov+6Mass.gov+6Mass.gov+6
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Transactions before October 15, 2025
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Foreclosures, deeds-in-lieu of foreclosure, or certain debt-related transfers
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Transfers between relatives or under court orders (for example in divorce)
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Some estate-planning transfers
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New-construction sales (if the home is not substantially complete) when the seller offers a 1-year structural/system warranty Lamacchia Realty+3Mass.gov+3MKC Home Inspection+3
Can a buyer still choose not to inspect?
Yes — the law does not force a buyer to get an inspection. Mass.gov+2MKC Home Inspection+2 What it does is prevent sellers from coercing or requiring that decision ahead of time.
However, a buyer’s decision to skip or limit an inspection must be made after receiving the written disclosure and without pressure from the seller or their agent. Legal Information Institute+2MKC Home Inspection+2
In other words: you can waive the inspection if you want, but only on your own initiative — not because someone else forced or required you to do so. MKC Home Inspection+2MKC Home Inspection+2
What’s a “meaningless” inspection clause — and why it’s not allowed
The law also bans contract language that would render the inspection pointless. Some examples:
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Giving the buyer only a tiny window to schedule or complete the inspection
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Restricting access to the property in ways that prevent a proper inspection
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Penalizing or reducing the buyer’s deposit if they back out based on inspection findings
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Forcing repair cost limits or thresholds that make negotiation impossible
Any such clause could violate the new rules.
What happens if someone breaks the law?
Noncompliance can carry real consequences:
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Violations may be treated as unfair or deceptive practices under Massachusetts consumer protection law (M.G.L. c. 93A).
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A seller’s failure to follow the rule could be used as evidence that they intended to misrepresent or conceal defects.
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Real estate professionals (agents, brokers) could face disciplinary measures for failing to abide by these disclosure and conduct rules.
So this isn’t just “fine print” — it’s a legally enforced protection for buyers.
What this means for buyers and sellers
For buyers:
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You now get a guaranteed, fair chance to have the home inspected — without pressure.
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You don’t have to waive your inspection rights just to make your offer more attractive.
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You can walk away within the agreed inspection window if something major shows up.
For sellers:
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You can’t require or accept an offer that includes an inspection waiver or limitation.
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You must provide that mandatory disclosure and let the buyer make their own decision.
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You should structure offers and contracts to avoid clauses that undermine inspection rights.
For all parties:
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Talk with your REALTOR® and real estate attorney to make sure your contracts fully comply.
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Be transparent, fair, and clear about timing and conditions around inspections.
A simplified breakdown
| Stage in the deal | What’s allowed | What’s prohibited |
|---|---|---|
| Before first offer accepted | You can accept offers on price, timing, financing | You cannot request or accept offers that include Inspect-Waiver clauses |
| At first contract (Offer to Purchase / P&S) | You must include and sign the inspection disclosure form | You can’t sneak in terms that limit a buyer’s inspection |
| After contract but before inspection | Buyer may schedule an inspection | Seller can’t block access or pressure buyer out of inspection |
| After inspection | Buyer may proceed, negotiate, or walk away (per agreement) | Seller can’t penalize buyer unfairly for walking away once inspection is done |
Final thoughts
This new regulation is a big step forward. It levels the playing field in a fast-moving, competitive real estate market by giving buyers a fair and legally protected chance to inspect before committing. It also helps ensure that offers are evaluated on real substance (price, financing, terms), not just on who agrees to waive critical protection.
If you’re buying or selling in Massachusetts — especially in the areas I serve — I’m here to guide you through it. Questions? Concerns? Want help reviewing your offer or inspection period language? I’d be happy to help you navigate all this so you make smart, confident decisions.
Contact Me
Steve Oates
Licensed Realtor in MA, NH & ME
Phone: 603-777-7908
Email: soates@alandrealty.com
Serving the Greater Newburyport, North Shore, Southern Maine & NH Seacoast regions
Feel free to reach out anytime — whether it’s about this new law, finding a home, selling one, or just getting a second opinion. I’ve got your back.
