5 New Home Inspection Rules Every Massachusetts Agent Must Follow (Or Risk Violating the Law)

📍Massachusetts just overhauled its home inspection disclosure laws, and starting October 15, 2025, real estate agents will face 5 mandatory compliance changes — including one that could expose you to 93A consumer protection liability if missed.

1. You can’t accept or hint at inspection waivers anymore — not even indirectly.

2. A brand-new state-mandated disclosure form must be signed by both parties before the contract.

3. You now have limited but negotiable flexibility in inspection timing and outcomes.

Call to Action

Read this breakdown to make sure your contracts, checklists, and workflows are airtight. These rules aren’t optional.

🧾 Overview of the New Massachusetts Home Inspection Law

On June 6, 2025, the Massachusetts Association of REALTORS® (MAR) announced the finalized regulations implementing the 2024 Housing Bond Bill. These regulations apply to all residential transactions (1–4 units) with contracts executed on or after October 15, 2025.

The goal: Eliminate pressure on buyers to waive home inspections — a practice that’s become too common and too risky in competitive markets.

🔑 What’s Changing? The 5 Key Compliance Rules MA Agents Must Now Follow

✅ 1. You Can No Longer Accept or Signal a Waived Home Inspection

Before: Buyers could waive inspections to compete.
Now: It’s illegal to request, accept, or even suggest that a buyer intends to waive an inspection prior to contract.

"No seller of residential property [may] accept an offer... where the prospective purchaser agrees... to waive a home inspection."

This includes:

• Language like “buyer agrees to forgo inspection”

• Indirect signals such as “offer with no contingencies”

✅ 2. You Must Provide and Collect Signatures on a New State Disclosure Form

A standard disclosure form (developed by the state’s EOHLC) must be:

• Provided by the listing agent

• Signed by both buyer and seller

• Delivered before signing the Offer to Purchase or Purchase & Sale Agreement

The form states that the buyer has the right to inspect the property and cannot be pressured or incentivized to waive that right.

Failure to comply = Unfair/Deceptive Practice under 93A + potential license law violations.

✅ 3. The Inspection Window Is Now “Reasonable and Negotiable”

Old practice: Typical inspection periods were 7–10 business days.

New rule: The law allows a “reasonable period of time” — to be agreed on by the parties — for:

• Scheduling the inspection

• Reviewing the results

• Deciding whether to proceed if results are unsatisfactory

This gives agents and clients more flexibility without circumventing the law.

✅ 4. Contingencies Are Still Allowed — But Must Not Undermine the Purpose of the Law

Buyers and sellers can still negotiate contingencies, including:

• Repair cost thresholds (e.g. cancel only if repairs exceed $X)

• Limits on deposit refunds

But these provisions must not frustrate or invalidate the buyer’s right to a meaningful inspection.

Avoid boilerplate language that weakens inspection outcomes.

✅ 5. Agents Must Stop Using Any Pre-Contract Inspection Language

Agents may not include language in offers that:

• Suggests inspections are unnecessary

• State inspections will not be conducted

• Encourages sellers to favor offers with no contingencies

Even well-meaning notes like “buyer is not planning to inspect” could trigger legal scrutiny.

🧑‍💼 Agent Obligations: Salesperson or Broker, Here’s What You Must Do

For Listing Agents:

• ✔️ Provide the state-approved home inspection disclosure before contract signing

• ✔️ Ensure both buyer and seller sign it

• ✔️ Reject any offer that attempts to waive inspection rights

• ✔️ Retain the form in your transaction file for compliance and audit purposes

For Buyer's Agents:

• ✔️ Review the seller’s disclosure with your buyer

• ✔️ Avoid any indication (verbal or written) that your buyer plans to waive inspection

• ✔️ Help buyers understand they don’t have to inspect, but can’t waive it ahead of time

• ✔️ Negotiate fair and lawful inspection windows and contingencies

❌ What You Can No Longer Do

🧠 Final Thoughts

Massachusetts agents are now subject to 5 non-negotiable changes to home inspection regulations:

1. No waivers allowed

2. Mandatory disclosure form

3. Flexible but fair inspection windows

4. Contingency clauses are regulated

5. No indirect signals allowed in offers

These are not just best practices — they’re legally binding obligations that could result in license issues or lawsuits if ignored.

📆 Take action now:

• Update your templates

• Train your team

• Prepare your clients

This law goes live October 15, 2025 — and the sooner you're compliant, the safer your transactions will be.