Buying or selling a home is one of the biggest financial decisions most people ever make. And a new law in Massachusetts will make the process fairer, safer and more transparent. As of fall 2025, every home buyer has the right to inspect their new home before they buy it and know exactly what they’re buying.

A home inspection is conducted by a state-licensed home inspector who looks at the major systems of the house -— things like the roof, structure, electrical, plumbing, heating, cooling and insulation. It’s a professional evaluation that the buyer can rely on for making an informed decision.

Over the past few years, when the market was competitive, many buyers felt pressured to waive their home inspection just to have a chance at getting that house. That created risk: People were buying homes without really knowing what they were getting into. The new law, which states that sellers and agents can’t ask for nor accept an offer that waives a buyer’s right to an inspection, is designed to fix that.

As a buyer, you’re not required to do a home inspection — it’s your choice. But the inspection can be waived only if you choose to do so after your offer has been accepted. Before that, no buyer or agent can suggest or indicate that skipping the inspection will sweeten an offer.

You and the seller will agree on a reasonable amount of time to schedule and complete the inspection and review the results. After the inspection, you decide if you want to move forward, renegotiate repairs, or whatever the case. Some contracts include a clause that will have repair estimates capped at a dollar amount, often referred to as a “threshold,” at which point the buyer can choose to back out. Those are options for the buyer to include in their offer.

For sellers, this doesn’t mean you’re required to fix anything nor lower your price. You can sell your home as is, but you will have to provide a new state-issued disclosure form before the buyer signs a contract confirming that the buyer has the right to have a home inspection. This form needs to be signed by the buyer, the seller and the listing agent. If it isn’t, this could be a violation of Massachusetts Consumer Protection Law 93A, so it’s critical that your listing agent handles that properly.

This law is officially in effect for any contracts signed in Massachusetts and applies to residential properties (single-family homes, condominiums and multi-family homes up to four units). There are a few exceptions: It doesn’t apply to sales at auctions, some transfers to family members or certain estate planning transfers. It’s also exempt from new construction, but only if the purchase contract was signed before the home was substantially completed and it comes with at least a one-year written warranty.

Everyone should have a chance to fully understand the condition of a home before they buy. It’s about consumer protection and making sure every transaction is open and fair. It’s intended to give buyers the confidence to go out and buy a home and to help level the playing field, especially in competitive situations. For the sellers, it adds clarity; everyone knows what to expect — and that can lead to a smoother, more professional transaction for all parties.

Kim Foemmel
Foemmel Fine Homes
1 Lumber Street, Suite 207C
Hopkinton, MA
(508) 808-1149
Kim.Foemmel@gmail.com
FoemmelFineHomes.com

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