New MA Inspection Law in Effect August 15, 2025

This new Massachusetts Home Inspection law which is part of the Affordable Homes Act is aimed at protecting home buyers’ rights to inspections, ensuring a fairer and more transparent process for everyone. It addresses concerns that buyers were being pressured to waive inspections in competitive markets. Bill S.2474 - An Act Protecting Consumer Rights in Purchasing Safe & Habitable Homes.

According to the new law:

• Sellers are prohibited from requiring or promoting inspection waivers.

• Buyers are not allowed to use waivers to make their offers more attractive.

• Sellers cannot accept offers if they have been informed beforehand that the buyer intends to bypass inspection.

The law applies to single-family homes up to 4 units, condos and residential co-ops. It does not apply to:

• Sales between close family

• Divorce-related transfers

• Public auctions

• Foreclosures and short sales

• Trust transfers to family members

• New construction with express warranties

Agents and sellers are now required to provide a Home Inspection Disclosure Form to buyers, outlining the rights and obligations of both parties. This form must be signed by both the buyer and seller before, or at the first purchase contract signing, affirming the buyer’s right to an inspection.

Buyers who choose a home inspection have 10 days after their offer is accepted to arrange inspections. This timeframe can be extended if both parties agree in writing. Buyers may also decide to waive the inspection, but only after their offer is accepted and without any external influence.

Agents and sellers who break the rules face fines, license disciplinary action, and liability under MA consumer protection law, Chapter 93A.