How the Massachusetts Home Inspection Law Changes the Rules of Homebuying
A Massachusetts home inspection law was included as part of the 2024 Affordable Homes Act. It takes effect October 15, 2025. By prohibiting sellers and their agents from requiring or encouraging buyers to waive their right to a home inspection, it represents a first-of-its-kind policy regarding home inspection waivers during real estate transactions.
However, buyers can still choose independently to skip an inspection without outside pressure.
Consumers and advocacy groups are applauding the law, but many realtors and real estate groups are critical of it. To get a better understanding of what this policy means for homebuyers in Massachusetts, we spoke with Jennifer L. DiCarlo, Esq., Co-Founder of Pivot Legal Group, who shared some of her thoughts.
Understanding the New Massachusetts Home Inspection Law
Jennifer DiCarlo is a real estate attorney who has experience working with both buyers and sellers. She understands both sides of this issue. However, she views this change as a necessary market correction in favor of buyers.
“I am really excited about this change in the law because I have seen how incredibly harsh the real estate market has been over the last five years post-COVID,” DiCarlo said. “This law creates a level playing field that buyers desperately needed.”
The Massachusetts home inspection law all but eliminates a traditional market practice in which buyers waive their home inspections to make their offers more competitive. More importantly, this regulation creates clear boundaries around what sellers and agents can and cannot do.
Addressing an Enduring Advantage for Sellers
The animus behind the law is the market itself. The Massachusetts real estate market has faced years of challenges due to housing shortages. When the COVID-19 pandemic began, it quickly became a seller’s market, as a single listing might attract several offers within a matter of weeks, or even days.
Sellers could either require or strongly recommend that buyers waive their home inspection. This would prevent buyers from finding faults in the home before purchase. The tactic has become much more common as the state’s housing stock continues to remain low, while interest in home purchasing has remained high.
“At a time when even small offer terms can mean the difference between securing your dream home and returning to square one, many homebuyers are cutting corners and closing on a house without a full evaluation,” said state senator Michael Moore in a 2024 CommonWealth Beacon article.
While this provides buyers with a negotiating tool, it presents an advantage and a potentially dishonest tactic to sellers:
“Some sellers exploit this trend when they are aware of critical flaws – misrepresenting the condition of their home to squeeze the most money out of a sale, while sticking the new owner with the repair bill,” said Moore.
The law requires sellers to provide written disclosures informing buyers that acceptance of their offer does not depend on waiving an inspection. The Executive Office of Housing and Livable Communities will develop a standard disclosure form to ensure compliance.
Consumer Advocates Applaud the Rule Change
Many homebuyers, consumer protection advocates, and law groups agree with DiCarlo’s assessment: This is an important step in protecting consumers.
“This doesn’t seem like an unreasonable consumer protection, especially when the things that could be wrong with a house could have catastrophic financial consequences, especially for first-time home buyers and for more moderate-income home buyers,” said Rich Rosa, cofounder and co-owner of Haverhill-based Buyers Brokers Only LLC, in a report by Boston.com.
“If you’re buying a $550,000 house and there’s a $30,000 or $40,000 problem, that is a big deal for a lot of people.”
New Standards and Liability for Real Estate Professionals
Perhaps the most significant aspect of the law is how it affects real estate professionals. The regulation places direct responsibility on brokers and salespeople to issue pre-offer disclosures. It also presents them with liability if they fail to issue such disclosures.
“What makes this law unique is that it really entangles real estate professionals in a way that previous regulations haven’t,” DiCarlo explained. “It puts the onus on brokers and salespeople to provide these disclosures, and if they violate the law, they could be subject to Massachusetts Consumer Protection Statute 93A.”
The consequences for violations are substantial. Massachusetts Consumer Protection Statute 93A allows for “as much as double or treble (triple) damages if the plaintiff can prove (1) the defendant willfully and knowingly violated Chapter 93A or (2) the defendant refused to grant relief in bad faith with knowledge or reason to know that his acts violated Chapter 93A.”
This makes compliance essential for real estate professionals. It also creates a new layer of responsibility that extends beyond traditional transactional duties.
Nonetheless, DiCarlo notes that this liability structure makes sense given the advisory relationship that agents have with clients.
“Real estate agents are in a position of confidence and advisory capacity with their clients,” she said, “so it makes sense for that liability to be imposed on them.”
Industry Pushback and Concerns
The regulation has faced opposition from several real estate organizations.
Industry critics have argued that the legislation contains overly broad liability language. They also questioned whether the state has sufficient inspection capacity to handle increased demand.
Some professionals worry that the law creates unworkable limits for both buyers and sellers. In a report by Boston 25 News, Anthony Lamacchia, CEO of The Lamacchia Companies, expressed concern about restrictions on how agents can advocate for their clients:
“It is literally going to prohibit realtors from doing things that they are supposed to do,” Lamacchia said. “You are supposed to convey what a buyer is trying to achieve. You are supposed to advocate for the advantages of the seller taking your buyer’s offer.”
The law particularly affects how agents can communicate buyer intentions to sellers, creating potential confusion about permissible advocacy.
Market Context and Enforcement Mechanisms of the Massachusetts Home Inspection Law
State Senator Will Brownsberger, who worked on the legislation, explained that first-time homebuyers were especially disadvantaged by market dynamics where “private equity [has been] coming into the local real estate market and snapping up properties.”
DiCarlo acknowledges that well-funded investors may still have advantages in competitive markets. However, the change in the law doesn’t affect that issue very much.
“If you were part of a group of investors where you have more money to spend on defects, that’s always going to win out. They can always ‘buy up the block’ and shoulder the cost,” she said.
“But this law ensures that regular buyers can conduct their due diligence and understand what they’re getting into before they sign.”
The regulation aims to protect buyers while still allowing market competition to function. Buyers retain the right to choose not to conduct inspections, but they must make that decision independently, without seller pressure.
Implementation Details and Exemptions
The law includes several practical provisions to address industry concerns. Lawmakers pushed the implementation date to October 2025 to give real estate professionals time to develop necessary forms, training materials, and educational resources.
The regulation includes exemptions for certain situations:
- Pre-sales of newly constructed homes, provided the purchase contract is signed before substantial completion, and the seller offers at least a one-year written warranty
- Transactions involving domestic partners, extended family members, and various estate planning arrangements
These exemptions recognize that some transactions have different risk profiles or relationship dynamics that may not require the same level of protection.
Enforcement and Compliance
The law establishes clear enforcement mechanisms through existing consumer protection statutes. Failure to provide required disclosures by parties acting in a business context constitutes a violation of state consumer protection law.
Authorities plan to address other forms of noncompliance based on the specific circumstances of each violation. The purpose of this approach is to create flexibility. It allows regulators to match enforcement actions to the severity of different violations.
A New Chapter in Real Estate Consumer Protection
With this policy, Massachusetts has positioned itself at the forefront of this type of consumer protection. While industry adaptation will take time, the law does appear to address genuine market pressures that disadvantage typical homebuyers.
DiCarlo believes the Massachusetts home inspection law could serve as a model for other states. Many face similar market pressures, but it will take time.
“We’ll need to let things simmer down and see how it works in practice,” she said. “People will realize that it’s not as disruptive as they feared. Real estate professionals will get comfortable with it and show that they’re providing another valuable service to their clients by preparing and delivering the proper documentation.”
Other states may adopt similar consumer protection measures if it is shown to be a success.
“Once we ease into it and demonstrate that it works, it might spread to other markets.”
If you’re ready to purchase a home in Massachusetts, this law affects you. Contact us at GoldCoast Mortgage to learn how we can help.
Written by Michael H. Rand
About the expert:
Jennifer L. DiCarlo, Esq.
Jen has been practicing law for the better part of two decades, assisting individuals and entities with real estate, probate, estate planning, family law, and small business matters and representing clients in litigation throughout Massachusetts. Delivering a high level of service that is aggressive, calculated, and strategic with compassion and empathy is what drives her practice.
Boston Magazine named Jen one of its Top Lawyers™ 2024 – Real Estate.
Learn more at pivotlegalgroup.com.
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