New Inspection Rights Took Effect October 15, 2025 — What Massachusetts Homebuyers & Sellers Need to Know
Starting October 15, 2025, the Commonwealth of Massachusetts enacted a new regulation designed to bolster home-buyers’ rights to inspections. This change aims to reduce the pressure on buyers to waive inspections when making offers and to promote more transparency in transactions.
What the law is
Under recently adopted regulation by the Massachusetts Department of Housing and Community Development (DHCD) as part of the Commonwealth’s housing‐law package, sellers (and their agents) may no longer condition the acceptance of an offer on the buyer waiving their home inspection right.
The key change: after an offer is accepted, a buyer retains the right to conduct a home inspection; the buyer’s pre-offer waiver of inspection is no longer a permissible differentiator in the offer process.
What it involves
The standard purchase & sale contract and related forms will include language that the buyer's inspection right cannot be waived as a pre-condition to offer acceptance.
The seller or listing agent cannot accept an offer if they know the buyer intends to waive inspection prior to acceptance.
Buyers can still decline to have an inspection after acceptance, but they cannot make the waiver part of the initial competitive offer.
Exemptions apply: e.g., properties being sold at auction, transfers to family or trusts, and certain new‐construction conditions (builder offering a one-year warranty) are excluded.
Why it matters
In recent years, particularly during the red-hot post-pandemic market, many Massachusetts buyers offered to waive inspections to make their offers more attractive — sometimes at significant risk. The new rule aims to level the playing field and give buyers more assurance of condition disclosures and inspection rights.
Direct implementation timeline and details
Effective date: October 15, 2025.
From that date, listings entered into MLS systems must include the mandatory disclosure form acknowledging the buyer’s inspection right.
Real-estate professionals (listing agents, seller’s agents) will need to ensure contract forms and disclosures reflect the new requirement.
Key take-aways (facts only)
Buyers still have choice: they may decline an inspection after acceptance, but cannot use waiving inspection pre-offer as a bargaining tactic.
Sellers/listing agents cannot drive acceptance based on a buyer’s waiver of inspection.
The law applies broadly to most residential home sales in Massachusetts, subject to noted exemptions.
The official regulation arises from the Massachusetts housing law reform package signed earlier and implemented by DHCD.
Closing
For agents and sellers on the South Shore, this new inspection rights law is a landmark change in Massachusetts real-estate transactions. It does not force an inspection, but it prohibits conditioning offer acceptance on its waiver. As of October 15, 2025, transaction-documents and listing procedures will reflect this new buyer protection.
This post is for informational purposes only and does not constitute legal advice.
