The implementation date for a new home inspection law in Massachusetts has been delayed to Oct. 15, 2025.
The new regulations were originally scheduled to take effect on June 15, applying to sales made on or before July 15. However, legal advocacy from the Massachusetts Association of REALTORS® secured changes to the law and extended the deadline.
Now, the law includes an exemption for new certain construction homes, clarifies that a signed purchase agreement relieves buyers of the requirement to get a home inspection and makes room for flexibility regarding timing of inspections, cost of repairs and contingencies during the negotiation process.
The regulations also clarify that a purchase agreement may be written to restrict a buyer’s ability to recover their deposit if they decide not to move forward with the sale.
Starting on Oct. 15, home sellers in Massachusetts will no longer be allowed to condition a sale on the waiver or limitation of a home inspection.
The new rule is part of the Affordable Homes Act signed by Gov. Maura Healey in August 2024. It bars sellers from accepting offers contingent on buyers agreeing to waive inspections. It also prohibits prospective buyers from signaling that they could waive inspections during negotiations, particularly in competitive situations.
By outlawing this practice, the law aims to disincentivize house flippers and help level the playing field for first-time homebuyers in the Bay State’s tight market.
“Realtors need to be aware that the regulations do include a requirement that sellers provide a signed disclosure to potential buyers that highlights the potential buyer’s right to inspect the property,” MAR explained to members on the organization’s website. “This disclosure must be signed by both parties prior to entering into a contract to purchase the residential property. MAR will continue to work with EOHLC on the language of that standard disclosure form and to finalize it before the Oct. 15 implementation date.”