At Northeast Realty + Co., we stay ahead of every legal and market change that could affect our clients. A major update to Massachusetts real estate law takes effect on October 15, 2025, introducing new rules that protect buyers’ rights around home inspections.
This law, under 760 CMR 74.00, ensures buyers aren’t pressured to waive inspections — a particularly important protection in the Greater Boston housing market, where bidding wars are common.
Here’s what buyers, sellers, and agents need to know.
Key Changes Under the Law
1. Buyers Can’t Be Pressured to Waive Inspections
Sellers and their agents cannot require or encourage buyers to waive a home inspection. Offers must be evaluated fairly, without favoring inspection-waived bids. This is especially relevant in Boston-area markets like Cambridge, Newton, Somerville, and Brookline.
2. Mandatory Disclosure Form
Before signing any offer, sellers must provide a written disclosure confirming the buyer’s right to conduct a licensed home inspection.
The disclosure must be signed by both parties to remain compliant and avoid potential legal issues under Chapter 93A.
3. No Workarounds That Undermine Inspections
Sellers cannot impose unreasonable restrictions that make inspections meaningless, such as blocking access or limiting scheduling. Buyers must have a reasonable opportunity to inspect the property fully.
4. Voluntary Waivers Allowed Only After Acceptance
Buyers may choose to waive inspection after an offer is accepted, provided the decision is voluntary and free from pressure.
5. Exemptions
Certain transactions are excluded:
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Family-to-family or trust transfers
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Foreclosure and auction sales
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Certain new-construction properties with one-year express warranties
Impacts on the Greater Boston Market
Buyers
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More freedom to protect your investment
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Ability to make informed decisions without losing out in competitive markets
Our team at Northeast Realty + Co. will guide buyers through inspections on all properties, from historic homes in Dorchester to luxury condos in Back Bay.
Sellers
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Required to include the new disclosure in your paperwork
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Can still structure offers with reasonable repair limits, but must comply with the law
Agents
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Must understand and communicate the new rules clearly
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Our Northeast Realty + Co. team is fully trained to ensure compliance across all transactions
Compliance Tips from Northeast Realty + Co.
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Use the Correct Disclosure Form
Include the new inspection disclosure in every offer package. -
Be Transparent Early
Discuss inspections and disclosure with buyers and sellers from the start. -
Plan for Inspection Timing
Allow adequate time for inspections, particularly in older Boston-area properties. -
Document Everything
Keep signed disclosures and communication records. -
Work with Experts
Trust experienced agents — like those at Northeast Realty + Co. — to guide you through compliance and negotiations.
Conclusion
The new Massachusetts Home Inspection Law creates a fairer, more transparent process for buyers and sellers in Greater Boston. At Northeast Realty + Co., we’re helping clients navigate these changes with confidence, whether buying or selling in Boston, Newton, Cambridge, or surrounding areas.
Contact us today to learn how these updates may affect your next real estate transaction.