Blog about home inspection law

On October 16, 2025, new Massachusetts regulations took effect regarding a buyer’s right to a home inspection. You can read more about the law on Mass.gov.

Purpose of the Law

In recent years—especially during the pandemic and other competitive market periods—many buyers waived home inspections to strengthen their offers. This left some new homeowners with unexpected repair costs and at times with significant safety issues. The new law is designed to protect buyers’ ability to make informed decisions and ensure every buyer has the opportunity to inspect a home before purchasing.

What Buyers Need to Know 

Beginning October 16, 2025, sellers and listing agents may not:

• Accept an offer unless the buyer, seller, and listing agent have all signed the new Home Inspection Disclosure Form.

• Condition offer acceptance on a buyer waiving or limiting their inspection rights. 

• Accept offers that contain terms that would "render a home inspection meaningless" (for example, unreasonably short deadlines, restricting the buyer from terminating the agreement if not satisfied with the results).

Key Points

• Buyers are not required to conduct an inspection—but they must have the right to do so.

• Buyers’ right to an inspection under this law is limited to a home inspection performed by a licensed inspector, as defined by the law (see definitions section) and it does not extend to all types of inspections, such as pest, radon, air quality, etc. That doesn’t mean buyers can’t do these tests, but it does mean that sellers are not legally required to allow these other types of inspections and tests to be performed. 

• Buyers should obtain a signed copy of the Home Inspection Disclosure from the seller or listing agent and return it, signed, to the seller when submitting an offer.

If you have legal questions about the new law, please consult with an attorney, as Compass cannot give legal advice to its clients. Otherwise, please reach out to me if you would like to discuss these changes further.