A New Law Brings Relief to Massachusetts Home Buyers

A few years ago, one of our clients made a decision that many buyers in a competitive market have faced: they waived their home inspection. It wasn’t because they wanted to skip it – in fact, they were nervous about doing so. But the home had multiple offers on the table, and the buyer felt that waiving their home inspection contingency was the only way to have a chance of getting the house. Their offer was accepted, and at first, it felt like a win. But a few weeks after moving in, they discovered a serious plumbing issue: the main sewer line had collapsed underground. The repair cost thousands of dollars. Sadly, this kind of story isn’t rare.

For years, home buyers in the hot MA housing market felt pressured to waive home inspections to compete. In towns like Burlington and across Greater Boston, multiple offer situations became the norm, and sellers often gravitated toward the “cleanest” offers. This dynamic left many buyers feeling like they had to choose between protecting themselves or winning the home of their dreams.

That’s why the new Massachusetts home inspection law, which officially took effect on October 15th, is such a big deal. 

What the New Law Does

Under this law, sellers and real estate agents cannot require or encourage buyers to waive a home inspection as a condition of making or accepting an offer. Buyers, in most circumstances, now have a legally protected right to choose whether to conduct an inspection, and sellers must provide a disclosure form acknowledging that right. The goal is to ensure that every buyer has a fair opportunity to make an informed decision.

The law covers most residential real estate transactions, including single-family homes, condos, and small multi-family properties. It also introduces new rules about how offers are presented and accepted. Sellers and their agents can no longer favor offers simply because a buyer has waived their right to inspect, creating a more transparent process for everyone involved.

Why It Matters

For buyers, this new law helps reduce one of the biggest sources of stress in today’s market. Instead of feeling pushed into taking a gamble on a home’s condition, buyers can now prioritize their financial security and peace of mind. A professional inspection can reveal hidden issues that could cost tens of thousands of dollars to repair.

For sellers, it means adapting to a slightly different playing field. Offers may now take a bit longer to finalize, as buyers exercise their right to inspect and potentially negotiate repairs or credits. However, this process could reduce the risk of post-closing disputes, since both parties enter the sale with a clearer understanding of the home’s condition.

Lessons Learned

For Buyers: Always take advantage of your right to a home inspection. Even in a strong seller’s market, it’s worth investing the time and money to understand what you’re buying. 

For Sellers: Transparency pays off. While it might feel inconvenient to accommodate inspections, homes that are well-maintained and priced accurately continue to sell quickly.