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New Massachusetts home-inspection law takes effect

by Elizabeth Kanzeg Rowland

A new law in Massachusetts took effect today that aims to prevent no-inspection home sales.

The new law 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 or limit inspections and prohibits 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.

The new regulations were originally scheduled to take effect on June 15 and apply to sales made after July 15, but the Massachusetts Association of REALTORS® successfully lobbied for changes to the law and a deadline extension.

The revised law now includes an exemption for certain new construction homes, clarifies that a signed purchase agreement relieves buyers of the requirement to get a home inspection and makes room for flexibility regarding the 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.

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