If you’ve been hearing more about ADUs lately, you’re not imagining it.Massachusetts just made it significantly easier to add an accessory dwelling unit (ADU) to your property—and
New Massachusetts Law Protects Buyers’ Right to Home Inspections
Dated: October 14 2025
Views: 522
What Agents and Clients Need to Know Starting October 15, 2025
Massachusetts is taking a major step to protect homebuyers with a new regulation that ensures their right to a home inspection is never unfairly waived or undermined. Effective October 15, 2025, the Executive Office of Housing and Livable Communities (EOHLC) has implemented 760 CMR 74.00 under the Affordable Homes Act. Here’s what real estate professionals and clients need to know.
🔍 What’s Changing?
Buyers now have a legally protected right to a home inspection in residential real estate transactions involving 1–4 unit properties, condos, and co-ops. Sellers and agents can no longer pressure buyers to waive this right as a condition of offer acceptance—except in very limited circumstances.
📄 Mandatory Disclosure Form
A new Massachusetts Home Inspection Disclosure Form must be signed by both buyer and seller before or at the time of the first offer or purchase agreement. This form affirms the buyer’s right to:
- Hire a licensed home inspector
- Receive a written evaluation
- Withdraw from the sale based on inspection results
Agents must ensure this form is signed and uploaded to MLS with other listing documents.
🚫 What’s No Longer Allowed
Real estate professionals must avoid these now-prohibited practices:
- Asking if a buyer will waive inspection before an offer is signed
- Accepting offers that waive inspection
- Sharing buyer intent (even informally) to skip inspection during negotiations
Even if a buyer says they won’t inspect, they can change their mind after the offer is accepted. Sharing that intent prematurely could violate the law.
✅ What Agents Should Do
Listing Agents:
- Have sellers sign the Disclosure Form when signing the Exclusive Right to Sell
- Upload the signed form to MLS
Buyer’s Agents:
- Ensure buyers sign the Disclosure Form already signed by the seller
- Avoid discussing inspection intent during offer negotiations
⚖️ Legal Consequences
Violations may be considered unfair or deceptive practices under Massachusetts consumer protection law (M.G.L. c. 93A). Real estate professionals could face:
- Consumer protection claims
- Disciplinary action by the Board of Registration
- Legal liability for misrepresentation
🧾 Exemptions
The regulation does not apply to:
- Sales between relatives or former spouses
- Foreclosures or estate planning transfers
- Pre-completion sales of new homes with a one-year warranty
This law reinforces the importance of transparency and buyer protection in real estate. As professionals, it’s our responsibility to uphold these standards and guide clients through compliant, informed transactions.
Emily Hayes
Emily Rae Hayes is a dynamic marketing strategist known for her innovative approaches in crafting compelling brand narratives and driving impactful campaigns. With a passion for storytelling and a kee....
Latest Blog Posts
What Agents and Clients Need to Know Starting October 15, 2025Massachusetts is taking a major step to protect homebuyers with a new regulation that ensures their right to a home inspection is never
As the days grow longer and temperatures rise, it's time to prepare your home for the summer season. Whether you're planning to entertain guests, spend more time outdoors, or simply enjoy a cool and
Are you considering a move to Massachusetts but seeking a perfect blend of suburban tranquility and urban convenience? Look no further than Walpole, a hidden gem nestled in Norfolk County. With its
Massachusetts MLS Property Info Network (MLSPIN) - The property listing data and information set forth herein were provided to MLS Property Information Network, Inc. from third party sources, including sellers, lessors and public records, and were compiled by MLS Property Information Network, Inc. The property listing data and information are for the personal, non commercial use of consumers having a good faith interest in purchasing or leasing listed properties of the type displayed to them and
IDX information is provided exclusively for consumers personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Information is deemed reliable but is not guaranteed. © 2026 State-Wide Multiple Listing Service. All rights reserved.
The data relating to real estate for sale on this site comes from the Broker Reciprocity (BR) of the Cape Cod & Islands Multiple Listing Service, Inc. Summary or thumbnail real estate listings held by brokerage firms other than REMAX Real Estate Center are marked with the BR Logo and detailed information about them includes the name of the listing broker. Neither the listing broker nor REMAX Real Estate Center shall be responsible for any typographical errors, misinformation, or misprints and shall
