New Home Inspection Laws in Massachusetts: What You Need to Know
By James Riel, Principal Broker-Owner, JR Associates
As of October 15, 2025, Massachusetts is making some important changes to the home-buying process that will impact both buyers and sellers. If you’ve been keeping up with the news, you might already know that home inspection waivers are about to be a thing of the past. While these changes are significant, I believe they will ultimately help level the playing field, improve transparency, and encourage more proactive behavior from both buyers and sellers. Here’s a breakdown of the new regulations and how they’ll affect you.
1. Sellers Can’t Require Home Inspection Waivers Anymore
One of the biggest changes coming our way is the prohibition of home inspection waivers. Starting October 15, 2025, sellers and their agents will no longer be allowed to require buyers to waive their right to a home inspection. In short, this means buyers will have the ability to schedule an inspection, no strings attached. For a lot of buyers, this is a game changer!
As a buyer, this is great news. It’s all about giving you more confidence in what could very well be the biggest financial decision of your life. The truth is, a lot of homebuyers—especially first-time buyers—don’t have a ton of experience or knowledge about what to look for when purchasing a home. They might not even know what “deferred maintenance” means until they’re handed a list of repairs after closing. (Not fun, right?)
From a seller’s perspective, this means you can no longer just assume that buyers will accept your house “as is” without inspecting it. You’ll need to be more prepared upfront—whether that’s by handling major repairs ahead of time or at least being transparent about the condition of your property. It’s time to stop pretending that homebuyers are willing to skip over a professional inspection, and instead focus on getting your house market-ready before listing.
2. Buyer’s Right to Inspection
Here’s where it gets interesting. The new law ensures that buyers will be able to conduct a home inspection within 10 days of having their offer accepted. If issues are uncovered, the buyer can then negotiate repairs, request credits, or—if the problems are substantial—withdraw from the deal without penalty.
This is good news for buyers who might otherwise be under pressure to make an offer before really understanding what they’re committing to. Let’s face it, in today’s market, buyers often have just a half hour or less to view a home before offers are due (hello, fast-moving market!). You might be staring at a property for the first time, and before you know it, you’re supposed to make one of the biggest decisions of your life. Now, with the opportunity for a proper inspection, buyers can take a deep breath and actually perform some due diligence before finalizing their offer.
3. Sellers Must Disclose Inspection Rights
Sellers are now required to provide a written disclosure to buyers, letting them know that they do not have to waive their right to a home inspection and that they can choose to have the property inspected. While some sellers might be worried this will make negotiations trickier, I see it as a positive shift toward transparency. Buyers now have the peace of mind that the inspection is there for them if they need it, and sellers who want to get ahead of potential problems can choose to conduct their own inspections before listing. It’s a win-win for everyone involved.
4. Proactive Sellers Will Be the Real Winners
Now, let me just say this: I think this will have a ripple effect that could lead to a healthier market overall. Yes, it could result in more deals falling out of contract, but the upside is that sellers will be more proactive about addressing issues before they hit the market. We might start to see more sellers conducting their own home inspections before listing, and more importantly, addressing some of the big-ticket items like roof repairs, electrical updates, and plumbing fixes. When sellers are proactive in maintaining their homes, it makes for smoother closings with fewer surprises. And if a deal does fall through, the home is likely going to be in better condition for the next buyer.
In my opinion, it’s a good thing. Sellers who are serious about getting top dollar will understand that taking care of these issues upfront will only benefit them in the long run. By making sure their home is in top shape, they’re setting themselves up for success.
5. Looking Forward
At the end of the day, I think this new home inspection law will help to create a more balanced, fair, and transparent market for both buyers and sellers. Buyers will have more confidence in their decision-making process, and sellers will be more inclined to take care of their homes before listing. Sure, it might lead to a few more deals falling out of contract, but the silver lining is that it will encourage better home maintenance and ensure that both parties are more prepared for the closing table.
I don’t know about you, but I’m all for anything that improves the real estate experience for both sides of the deal. It’s all about setting expectations, eliminating surprises, and making sure everyone walks away feeling good about their decision. I’m excited to see how this change plays out over the next year.
If you're thinking of buying or selling in the near future and want some advice on how to navigate these changes, give me a call. Let’s make sure your next move is a smart one!
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