Boston, October 17, 2025
News Summary
A new regulation in Massachusetts, effective October 15, prohibits sellers from requiring buyers to waive home inspections as a condition of sale. Part of the Affordable Homes Act signed by Governor Maura Healey, this regulation aims to create a fairer real estate market by mandating sellers to provide buyers with written disclosures about home inspection waivers. Certain exemptions exist, and violations can lead to serious consequences for agents, emphasizing the importance of buyer awareness in the housing market.
Boston — A new regulation in Massachusetts went into effect on October 15, banning sellers and their agents from selling a property on the condition that buyers waive a home inspection.
Key details
The regulation is part of the Affordable Homes Act, signed into law by Governor Maura Healey in 2024. Housing and Livable Communities Secretary Ed Augustus stated that the regulation aims to create a fairer playing field for buyers and sellers. Sellers are now required to provide buyers with a written disclosure indicating that acceptance of an offer is not contingent on waiving a home inspection.
The law introduces a new standard in Massachusetts real estate contracts, requiring parties to sign a disclosure form upon acceptance of an offer. While the new rule does not require home inspections for all sales, buyers can opt not to conduct an inspection only if their choice is not influenced by the seller or their agent.
Exemptions and enforcement
Exemptions to the regulation include newly constructed homes (if the seller offers a one-year warranty) and sales to family members or trusts. Violating the new home inspection rule may be deemed an unfair or deceptive act, potentially risking a real estate agent’s license. If sellers are found violating this rule, it could be used as evidence of intent to misrepresent in real estate transactions.
Why the rule was introduced
Home inspections are regarded as crucial for helping buyers make informed financial decisions and uncover potential issues in a property. The regulation states that homeowners have often been pressured to waive inspections to make competitive offers in a heated housing market.
Industry reaction and practical impact
Anthony Lamacchia, CEO of Lamacchia Companies, expressed that while he sees the value in home inspections, he believes the law may not have been necessary given current market conditions. Bob Driscoll, director of residential lending at Rockland Trust Bank, suggested that the law might not disrupt approvals or rates but will influence negotiations in future home sales.
The real estate industry is expecting a smooth rollout of the new regulations, which aim to alleviate pressure on homebuyers concerning home inspections.
What this means for buyers and sellers
Under the new regulation, sellers and listing agents cannot condition a sale on a buyer’s agreement to waive an inspection. Sellers must give buyers a written disclosure that the offer acceptance is not tied to waiving an inspection, and both parties must sign a contract disclosure form when an offer is accepted. Buyers retain the ability to decline an inspection, but such a decision must be made without influence from the seller or the seller’s agent. Newly constructed homes and certain intra-family or trust transfers are carved out as exemptions, provided the specified conditions—such as a one-year warranty for new construction—are met.
Enforcement consequences
Regulatory authorities may treat violations as unfair or deceptive acts, which can have licensing consequences for agents and may serve as evidence of intent to misrepresent in subsequent proceedings. The regulation thus introduces both a procedural change to contracts and a potential enforcement pathway for cases in which sellers or agents pressure buyers to waive inspections.
Background
The change stems from the Affordable Homes Act enacted in 2024 and aims to address practices that pressured buyers in competitive market conditions to forgo inspections. Legislators and regulators framed the measure as a step toward ensuring buyers have access to information that affects financial decisions and property safety. The regulation clarifies that while inspections are not mandatory in every sale, they should not be waived under pressure from a seller or their agent.
Frequently Asked Questions
When did the regulation go into effect and what does it ban?
A new regulation in Massachusetts went into effect on October 15, banning sellers and their agents from selling a property on the condition that buyers waive a home inspection.
What law includes this regulation?
The regulation is part of the Affordable Homes Act, signed into law by Governor Maura Healey in 2024.
What is the stated purpose of the regulation?
Housing and Livable Communities Secretary Ed Augustus stated that the regulation aims to create a fairer playing field for buyers and sellers.
Are sellers required to provide any specific documentation?
Sellers are now required to provide buyers with a written disclosure indicating that acceptance of an offer is not contingent on waiving a home inspection.
Does this rule force inspections on every sale?
While the new rule does not require home inspections for all sales, buyers can opt not to conduct an inspection only if their choice is not influenced by the seller or their agent.
Are there exemptions to the regulation?
Exemptions to the regulation include newly constructed homes (if the seller offers a one-year warranty) and sales to family members or trusts.
What are the possible consequences for violating the rule?
Violating the new home inspection rule may be deemed an unfair or deceptive act, potentially risking a real estate agent’s license.
What could violations be used to prove?
If sellers are found violating this rule, it could be used as evidence of intent to misrepresent in real estate transactions.
Does the law change contract procedures?
The law introduces a new standard in Massachusetts real estate contracts, requiring parties to sign a disclosure form upon acceptance of an offer.
How have industry leaders reacted?
Anthony Lamacchia, CEO of Lamacchia Companies, expressed that while he sees the value in home inspections, he believes the law may not have been necessary given current market conditions. Bob Driscoll, director of residential lending at Rockland Trust Bank, suggested that the law might not disrupt approvals or rates but will influence negotiations in future home sales. The real estate industry is expecting a smooth rollout of the new regulations, which aim to alleviate pressure on homebuyers concerning home inspections.
Quick reference table
| Topic | Details |
|---|---|
| Effective date | October 15 (statewide in Massachusetts) |
| Law | Affordable Homes Act, signed by Governor Maura Healey in 2024 |
| Main prohibition | Bans sellers and their agents from selling a property on the condition that buyers waive a home inspection |
| Required disclosure | Sellers must provide a written disclosure indicating acceptance is not contingent on waiving a home inspection; parties must sign a disclosure form upon acceptance |
| Inspection choice | Buyers may decline an inspection only if their choice is independent of seller or agent influence |
| Exemptions | Newly constructed homes (if seller offers a one-year warranty); sales to family members or trusts |
| Enforcement | Violations may be deemed unfair or deceptive and could risk an agent’s license; violations could be used as evidence of intent to misrepresent |
| Industry view | Some industry leaders see value in inspections but question necessity; lenders say approvals and rates likely unaffected though negotiations may change |
Deeper Dive: News & Info About This Topic
HERE Resources
Massachusetts Home Prices and Sales Surge Amid Shortage
Additional Resources
- CBS News: New Home Inspection Law in Massachusetts
- Wikipedia: Home Inspection
- WCVB: New Law on Home Sales
- Berkshire Eagle: Massachusetts Bans Waived Home Inspections
- Boston.com: Massachusetts Homebuyers Cannot Waive Inspections
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