Selling or buying a home in Massachusetts? There’s a new law you need to know about—and it could change the way you buy or sell in 2025.
This law, part of the Affordable Homes Act, takes effect on June 15, 2025, and it will affect how home inspections are handled in real estate deals. These updates were shared in draft rules from the Massachusetts Executive Office of Housing and Livable Communities, and while the details may still change, here’s what you need to know right now.
Key Takeaways from the New Law
✅ No Pressure to Waive Inspections
Sellers and their agents cannot demand or suggest that buyers must waive their right to a home inspection to have their offer accepted. This is meant to prevent buyers from feeling pressured into skipping inspections in competitive markets.
✅ No Advance Waivers in Offers
Buyers and their agents are prohibited from signaling in advance that they plan to waive inspections to make their offer more attractive. Offers must not include language or communication that attempts to waive or limit the inspection before acceptance.
✅ Disclosure Requirement
Sellers (or their agents) must give buyers a written disclosure, signed by both parties, confirming the buyer’s right to a home inspection. This must happen no later than the first written agreement—usually the Offer to Purchase or Purchase and Sale Agreement.
✅ Inspection Timeframe
Once an inspection happens, buyers will typically have up to 10 days after the inspection (or another agreed-upon period) to decide whether to move forward.
Penalties for Violations
Non-compliance carries serious consequences:
Agents could face actions under Massachusetts consumer protection laws for unfair or deceptive practices.
REALTORS may also face discipline from the state licensing board.
Sellers who break the rules could be accused of concealing or misrepresenting important facts about the home.
Who’s Affected?
The law applies to most residential properties with one to four units, as well as condos and co-ops used as homes.
Exemptions Include:
Sales to close family members
Divorce-related transfers
Foreclosures, short sales, or auctions
Transactions involving licensed home inspectors
Trust transfers among close relatives
Signed contracts dated before July 15, 2025
Why This Law Matters
The goal of the new regulations is to create a fairer market for buyers, ensuring everyone has the chance to inspect a property properly. But it also means buyers and sellers in Massachusetts will need to be more careful about what they put in offers—and how they negotiate.
As the draft rules stand, buyers, sellers, and agents will all need to update how they handle purchase agreements. Expect changes to contracts, training requirements for agents, and new disclosures in every sale.
Final Thoughts
This new Massachusetts law represents a major shift designed to protect buyers’ rights and create a level playing field in real estate transactions. However, it also introduces complexity for both buyers and sellers—especially when crafting or reviewing offers.
If you’re thinking about selling your home in Massachusetts, understanding your rights and obligations under these new rules is key. With flat fee MLS services like List With Freedom, you can market your property confidently, stay in control of your sale, and save thousands in commission—even in a changing legal landscape.
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