On October 15, 2025, a new Massachusetts law went into effect under the Affordable Homes Act, designed to protect homebuyers and their right to conduct a home inspection. This new law prohibits sellers and their agents from pressuring buyers to waive their inspection, which is a critical step in the homebuying process. The regulations apply to the sale of residential buildings containing 1-4 units (including single family homes), condo units, and residential co-op sales. 

This law seeks to level the playing field among prospective buyers, who are already up against low inventory and the high cost of living in Massachusetts. It’s a huge win for buyers, giving everyone a fair shot at performing thorough due diligence before proceeding with a major financial decision.

Here’s what you need to know about the new regulations:

• A seller may no longer accept an offer that includes a waived home inspection. Agents are prohibited from indicating prior to offer acceptance whether or not their buyer plans to conduct an inspection.
• Prior to signing the offer contract, the seller is required to provide a disclosure form stating that the buyer has the right to a home inspection, and both parties must sign it.
• Once the offer is accepted, the buyer may choose to forgo a home inspection at their sole discretion. There is no law stating that you must have the property inspected. Inspections must be performed by a licensed inspector & comply with all state standards.

No loopholes

• The regulations prohibit the purchase contract from using any language that would render a home inspection meaningless. Examples include: 
• A seller giving a buyer an unrealistically short amount of time to complete & review the inspection
• Denying the buyer the right to walk away from the transaction based on inspection results
• Setting an unreasonably high monetary threshold on inspection repairs
• During negotiations, both buyer and seller may agree to set a reasonable financial threshold on repairs as part of the home inspection contingency.

Which transactions are exempt from the new regulations?

• Sales between relatives 
• Transfer of property between former spouses under a divorce order
• Foreclosures or deed-in-lieu of foreclosures  
• Estate planning transfers
• Sales of new construction homes that are not yet complete, where the seller has included a one-year written warranty.

Whether you’re interested in buying or selling now or down the line, it’s important to familiarize yourself with these new regulations. Sellers are still required to disclose any known issues about the property, and must now provide a signed home inspection disclosure with their listing. This is a significant change that will hopefully boost buyer confidence in the face of a monumental financial decision.

Please connect with us if you have any questions about the new law and how it may affect you!