Starting October 15, 2025, a major change is coming to Massachusetts real estate:
Home sellers can no longer make acceptance of an offer contingent on whether or not a buyer waives a home inspection.
Here’s what that really means in plain English ⬇️
🔑 The Basics
- Sellers cannot:
- Require buyers to waive a home inspection to get their offer accepted.
- Accept an offer because the buyer promised not to inspect.
- Buyers always keep the right to a home inspection (unless a specific exemption applies).
- Both parties must sign a disclosure form stating that inspections cannot be forced to be waived.
âś… When Buyers Can Waive an Inspection
A buyer can still decide to waive their inspection after their offer has been accepted, but only if it’s completely their choice and not influenced by the seller or listing agent.
🚫 Exemptions (When This Rule Doesn’t Apply)
The law does not apply in these situations:
- Sales between family members (relatives).
- Divorce-related property sales.
- Auctions conducted by a licensed auctioneer.
- Foreclosures or deed-in-lieu of foreclosure sales.
- Transfers to resolve debts, liens, or for estate planning purposes.
- New construction sales, if:
- The contract is signed before the home is finished, AND
- The builder provides at least a 1-year written warranty covering major systems like heating, cooling, plumbing, electrical, roof, and structure.
⏱️ Timing Matters
- Any sale where the purchase contract is signed before October 15, 2025 is not affected by this law.
- For all contracts signed on or after October 15, 2025, these rules kick in.
⚖️ Consequences for Breaking the Rule
- Violations may count as an unfair or deceptive business practice under Massachusetts law (M.G.L. c. 93A).
- Real estate brokers/agents can face disciplinary action from the licensing board.
đź’ˇ What This Means for You
For Buyers:
- You can finally shop with peace of mind—no more feeling pressured to skip inspections just to win a house.
- You’ll know what you’re buying, and you’ll have the chance to make smarter, safer decisions.
For Sellers:
- Expect longer timelines because inspections will be back on the table.
- Home sale contingencies could be trickier, so strategies like bridge loans may become more popular again.
- Be prepared for more negotiation around inspection findings.
đź“Ś Bottom Line
This new law was designed to protect consumers and bring more balance back into the Massachusetts housing market. It means fewer rushed decisions and more transparency—though it may stretch out the buying and selling process a bit.
✨ For Sellers: If you want to position your home to sell quickly and profitably even in a changing market, check out my Seller Mastery Program® — proven to help clients sell faster and for more money.
✨ For Buyers: If you’re ready to buy with confidence (whether it’s existing or new construction), my Buyer Mastery Program® gives you the strategies, tools, and coaching to secure your dream home without the stress.
📞 Have questions about how this new law impacts your move? Let’s chat. I’d love to walk you through your options and help you plan your next step.
-Steph
Want my personal take on interest rates and the new MA law? Check out this months blog post from my UPSIDE/DOWNSIDE Real Estate Report. Click Photo Below.
