The Commonwealth of Massachusetts enacted legislation on residential home inspections to protect the health, safety, and welfare of home-buying consumers by curbing pressure to waive inspections and requiring clearer disclosure of a home buyer’s inspection options.
Over several years, in the hot Massachusetts housing market, especially in Greater Boston, many home buyers made offers to purchase homes without a home inspection to increase their chances of having sellers accept their offers.
The new state disclosure form and regulations, effective October 15, 2025, aim to reduce harm to home buyers. They do not require home inspections, but the regulations prevent sellers and agents from making inspection waivers a condition of making an offer. Pressure from many listing agents and so-called "buyer agents" pushed many home buyers to make unwise decisions. Many home buyers waived their home inspection only to discover costly defects after the closing.
Anecdotally, the exclusive buyer agents at Buyers Brokers Only found that about 60 to 70 percent of offers made before the implementation of the home inspection regulations waived the home inspection. As home-buying advocates who would never recommend that homebuyers waive their home inspections, our exclusive buyer agents had to draw on market knowledge and creativity when drafting offers.
The Massachusetts Mandatory Residential Home Inspection Disclosure form is a required, signed statement that confirms two core points:
- The sale is not contingent on the buyer waiving or limiting a home inspection, unless an exemption applies.
- If the buyer chooses an inspection, the buyer must have a “reasonable period of time” after the first written contract is fully executed to decide whether to proceed if the results are not satisfactory.
This disclosure requirement is part of 760 CMR 74.00, a regulation adopted by the Executive Office of Housing and Livable Communities under authority created by a 2024 housing law and codified in M.G.L. c. 143, § 101.
What Did the Massachusetts Home Inspection Law Require?
A 2024 law directed state housing officials to write rules so that sellers and their agents would not (1) condition acceptance of an offer on the buyer agreeing to waive or restrict a home inspection; and (2) accept an offer when the buyer signals, in advance, an intent to waive the inspection, subject to limited exemptions.
State officials released final regulations on June 6, 2025, and delayed implementation until October 15, 2025, according to a homebuyer-focused brokerage’s summary of the rollout.
What Does the Massachusetts Home Inspection Law Restrict?
1. The regulation prohibits sellers (and their agents) from conditioning acceptance on an inspection waiver and from accepting offers that would require a waiver, except for exempt transactions.
2. The rules also prohibit contract terms that “Render a Home Inspection Meaningless,” including, but not limited to, unreasonably limiting scheduling or review of the inspection. The rules also prohibit the seller from preventing the homebuyer from backing out if the inspection results are not satisfactory.
3. At the same time, the regulation allows some negotiated limits, such as a reasonable repair-cost threshold or a reasonable limit on deposit refunds if the home buyer walks away after an inspection.
When Must the Massachusetts Mandatory Residential Home Inspection Disclosure Form be Given to Consumers?
Under the regulation, the disclosure must be provided no later than the signing of the “first written contract” to buy the home, whether that’s the contract to purchase (offer) or the purchase and sale agreement, whichever comes first. The disclosure must be on a separate form and signed by the seller, the seller’s agent (if any), and the buyer.
The disclosure form itself states it must be signed before signing the first written contract, unless an exemption applies.
What Types of Properties Does the Massachusetts Home Inspection Law Cover?
The regulation defines “Residential Property” to include residential buildings with one to four dwelling units, condominium units, and cooperative corporation stock tied to the right to occupy a unit.
The regulation does not include commercial real estate.
Who is the “home inspector” in the Context of the Massachusetts Home Inspection Law?
The regulation defines a home inspector, including an associate home inspector, as someone licensed as a home inspector under Massachusetts law. In this context, an "associate home inspector" is an individual licensed at the associate level, working under supervision, and also recognized under Massachusetts regulations.
It also aligns the home inspection concept with state standards of practice, which require a written evaluation.
Are There Exemptions to the Massachusetts Home Inspection Law?
The regulation includes exemptions from the limits in section 74.03. These include (among others):
- Certain sales to a relative of the seller, or to a former spouse under a divorce judgment or order.
- Transactions where the first written purchase contract was executed on or before October 15, 2025.
- Some foreclosure-related and debt-release transfers.
- Certain estate-planning transfers to relatives.
- Certain sales of newly constructed homes signed before substantial completion, if the seller provides an express written warranty of at least one year covering specified items.
What are the Different Sections of the Massachusetts Mandatory Residential Home Inspection Disclosure Form?
Below is what each part of the Massachusetts Mandatory Residential Home Inspection Disclosure is doing, in plain language.
1. The Opening Instructions
The form explains that it is required under 760 CMR 74.00 and must be signed by the buyer and seller before the first written purchase contract, unless an exemption applies. It also points readers to the regulation’s definitions.
Why it matters: It tells both sides that the disclosure form is not optional. It is tied to a statewide rule.
2. “Limitations on Home Inspection Waivers.”
This section notifies sellers that M.G.L. c. 143, § 101 and 760 CMR 74.00 prohibit a seller from accepting a Contract to Purchase Real Estate, commonly referred to as an offer, that depends on the home buyer waiving or restricting the inspection, unless an exception applies. It also states that the buyer may choose an inspection by a licensed inspector. If the buyer chooses to inspect, the buyer must have a “reasonable period of time” after the first written contract is fully executed to decide whether to proceed if the inspection results are not satisfactory.
Why it matters: It frames inspection waivers as something that cannot be demanded up front as part of an offer acceptance.
3. “Seller’s Disclosure.”
Here, the seller warrants and represents that the purchase agreement is not contingent on waiving or restricting the inspection, unless an exemption applies. The seller also acknowledges that the home buyer may hire a licensed inspector and reiterates the “reasonable period of time” concept if the buyer chooses to conduct an inspection.
Why it matters: This is the seller’s written commitment that inspection rights are not being traded away to secure the deal.
4. “Buyer’s Acknowledgment”
The home buyer acknowledges that they may choose a licensed home inspection and that the disclosure has been provided to them.
Why it matters: This section documents that the buyer received notice of the inspection option, which is useful if there is a later dispute about pressure or missing disclosures.
5. “Agent’s Acknowledgment”
The seller’s agent (if there is one) acknowledges that the seller has been informed of obligations under 760 CMR 74.00 and that the disclosure was provided to both seller and buyer.
Why it matters: The regulation puts specific duties on the seller’s side of the transaction, including the seller’s agent.
6. “Certification of Accuracy” and Signatures
The form ends with a certification that the parties reviewed the information and that what they provided is true and accurate, followed by signature lines for the parties and the seller’s agent.
Why it matters: It turns the disclosure into a signed record rather than just a handout.
Does the Massachusetts Home Inspection Regulation Require a Home Buyer to Conduct a Home Inspection?
After an offer is accepted in compliance with 760 CMR 74.00 and the home buyer has received the Massachusetts Mandatory Residential Home Inspection Disclosure form, the buyer may later decide to waive or limit an inspection, as long as that decision is not influenced or required by the seller or the seller’s agent. Regardless of a home's perceived condition, Buyers Brokers Only recommends that home-buying consumers conduct a home inspection by a licensed home inspector.
What Happens if the Massachusetts Mandatory Residential Home Inspection Disclosure is not Provided to the Home Buyer?
The regulation states that failure to comply with the disclosure requirement constitutes an unfair or deceptive act or practice under Massachusetts General Laws Chapter 93A when committed by someone acting in a business context, such as a real estate broker or salesperson.
The rule also states that violations may lead to professional discipline for licensed brokers and salespeople. In an action for damages brought against a Seller within one year from the date of the first written contract, the Seller's failure to provide the disclosure may be evidence of the Seller's intent to misrepresent or conceal a material fact in a real estate transaction.
Frequently Asked Questions About the Massachusetts Home Inspection Law and the Massachusetts Mandatory Residential Home Inspection Disclosure
Does the Massachusetts Home Inspection law require me to get a home inspection?
No. The regulation allows a buyer to waive or limit the home inspection after proper disclosure and acceptance of the offer, provided it is not required or influenced by the seller or the seller’s agent.
When should I expect to sign the Massachusetts Mandatory Residential Home Inspection Disclosure?
Home buyers should sign the Massachusetts Mandatory Residential Home Inspection Disclosure no later than the signing of the first written purchase contract, either the offer to purchase real estate or purchase and sale agreement, whichever comes first.
Who signs the disclosure?
The Massachusetts Mandatory Residential Home Inspection Disclosure must be on a separate form and signed by the seller, the seller’s agent (if any), and the home buyer.
What is the main practical effect of the Massachusetts Home Inspection regulations?
The regulations are designed to prevent inspection waivers from being used as a precondition to acceptance of an offer to purchase residential real estate in Massachusetts, while keeping the buyer’s ability to choose what to do after receiving the disclosure and having their offer accepted.
