Massachusetts Home Inspection Law 2025: What Buyers and Sellers Need to Know

A New Era for Home Inspections in Massachusetts

On October 15, 2025, a new Massachusetts law—760 CMR 74.00—officially reshaped how home inspections must be handled in residential real estate transactions.
It’s part of the state’s Affordable Homes Act and was written to stop the growing trend of buyers being pressured to waive home inspections just to compete in multiple-offer situations.

If you’re buying or selling a home in Massachusetts, this rule affects you directly. Here’s what changed, and how to use it to your advantage.

The Key Changes Under the 2025 Home Inspection Law

1. No more forced inspection waivers.
Sellers and their agents can no longer require or condition an accepted offer on the buyer waiving inspection rights.

2. Mandatory written disclosure.
Before signing, every buyer must receive and sign a clear disclosure confirming their right to hire a licensed home inspector and a reminder that sellers can’t penalize them for exercising that right.

3. Reasonable time to inspect.
Buyers must be given a fair opportunity to schedule, conduct, and act on an inspection. Unreasonably tight windows or access restrictions can violate the regulation.

4. Limited exemptions.
Family transfers, foreclosures, and certain new-construction sales with a one-year warranty are exempt.

5. Real enforcement power.
Violations may qualify as unfair or deceptive business practices under M.G.L. c. 93A, exposing agents, brokers, and investor-sellers to legal and financial penalties.

How the New Law Protects Home Buyers

Buyers finally regain the breathing room that had vanished during the ultra-competitive years.

• You can’t be asked—or quietly pressured—to waive your right to a home inspection.

• You’ll sign a document confirming you understand those rights before making a binding commitment.

• You’ll have a “reasonable” inspection window to uncover defects or major repair needs.

• You can still choose to waive inspection after full disclosure—but that decision must be your own, not a condition of the deal.

Tip: Demand isn’t the problem anymore; readiness is. Book your inspector early, and work with an agent who can interpret the report and pivot fast if negotiation is needed.

What Sellers Need to Know About the 2025 Rules

The changes place more responsibility on sellers—but they also encourage smarter selling practices.

• You can’t post or accept offers that state “no inspections” or “as-is, inspection waived.”

• You must present the disclosure form to buyers and keep signed copies for your records.

• You’re expected to allow a fair inspection timeframe.

• If you’re a developer, flipper, or business entity, any violation can trigger 93A penalties.

It’s more paperwork, yes—but handled correctly, it actually strengthens trust and reduces post-closing disputes.

Opportunities and Strategies: Hire the Right Agent, Have the Right Plan

This law levels the playing field—but strategy still wins the game.

For Sellers

• Choose an agent who understands compliance and timing. A strong listing agent will build inspection readiness into your pricing and launch plan.

• Use preparation as leverage. Pre-listing repairs, documentation, and disclosures turn inspections into validation rather than confrontation.

• Stay proactive. Anticipating how buyers will react to inspection results can save a deal before it ever wobbles.

For Buyers

• Partner with a strategic buyer’s agent. The best agents treat inspections as an information advantage—knowing how to read, negotiate, and resolve issues without derailing the purchase.

• Make speed and clarity your edge. Secure your inspector early, review reports fast, and use findings to negotiate value, not stall progress.

Bottom line: The right agent doesn’t just know the law—they know how to move within it to protect your position and close smoothly.

The Big Picture: Transparency Over Tactics

Massachusetts’ 2025 home inspection law is a direct response to an overheated market that left too many buyers unprotected.
Now, transparency is the standard, not the exception.

For buyers: you gain control and visibility.
For sellers: you gain credibility and smoother closings.

The market is still competitive—but success in 2025 and beyond will come from planning, expertise, and trust, not waived contingencies.