Home Inspections When You Sell in Massachusetts: The Law, Pre-Listing Inspections, and Repairs

In Massachusetts, buyers of 1 to 4 unit homes, condos, and co-ops have a protected right to a home inspection. When the first Offer to Purchase or Purchase and Sale Agreement is signed after October 15, 2025, sellers and their agents can't make acceptance of an offer conditional on the buyer waiving or limiting that inspection, and a signed inspection disclosure is required. You still don't have to fix anything an inspector finds. A pre-listing inspection and a clear plan for answering a repair request help keep the deal on track.

If you're selling in Jamaica Plain, Roslindale, Hyde Park, Dorchester, or Roxbury, plan on the buyer inspecting. This guide covers what the law requires of you, whether a pre-listing inspection is worth it, and how to respond when the buyer's repair request arrives.

What does Massachusetts home inspection law mean for sellers?

It means you can't make acceptance of an offer conditional on the buyer waiving or limiting a home inspection, and you must provide a signed inspection disclosure, when the first Offer to Purchase or Purchase and Sale Agreement on a 1 to 4 unit home, condo, or co-op is signed after October 15, 2025. You still don't have to fix anything an inspector finds. A pre-listing inspection and a plan for the repair request help keep the deal on track.

Key Takeaways

• The rule (M.G.L. c.143 §101 and 760 CMR 74.00) covers 1 to 4 unit homes, condo units, and co-ops when the first contract is signed after October 15, 2025.
• Sellers and their agents can't accept an offer from a buyer who said in advance they would waive all or part of an inspection.
• The Massachusetts Mandatory Residential Home Inspection Disclosure must be provided no later than the signing of the first written contract.
• The rule doesn't require repairs or a lower price; you can still sell as-is.
• When the repair request arrives, you can offer a closing credit, make specific repairs, or hold firm.

What does the Massachusetts inspection rule require?

It bars sellers from conditioning acceptance on an inspection waiver and requires a signed disclosure. M.G.L. c.143 §101 directed the Executive Office of Housing and Livable Communities to write the rule, and regulation 760 CMR 74.00 carries it out. It covers residential buildings with 1 to 4 units, condo units, and residential co-ops, in sales where the first Offer to Purchase or Purchase and Sale Agreement is signed after October 15, 2025. Under it, sellers and their agents:

• Can't condition acceptance of an offer or sale agreement on the buyer agreeing to waive, limit, or restrict a home inspection.
• Can't accept an offer from a buyer who has said, directly or indirectly, that they intend to waive all or part of an inspection.
• Must provide the Massachusetts Mandatory Residential Home Inspection Disclosure no later than the signing of the first written contract, whichever of the Offer to Purchase or Purchase and Sale Agreement comes first. The seller's agent delivers it (the seller, if there is no agent), and buyer and seller both sign it.
• Can't use contract terms that make the inspection meaningless, such as unreasonably limiting when the buyer can schedule and review the inspection, or barring the buyer from choosing not to proceed. The parties can still agree to a reasonable repair-cost threshold below which the buyer can't withdraw, and to reasonable limits on the deposit refund.

The rule doesn't require a buyer to inspect. After acceptance and the signed disclosure, a buyer can still choose to waive or limit it, if the seller's side didn't influence that choice. Exemptions include sales to relatives or to a former spouse under a divorce court order, foreclosures and deeds in lieu, estate-planning transfers to relatives, auctions run by a licensed auctioneer, and new construction sold before substantial completion with at least a one-year written warranty.

Enforcement: an agent's failure to provide the disclosure is an unfair or deceptive practice under Chapter 93A, the state consumer protection law, and can draw license action. For a homeowner in a one-time sale, a missing disclosure may be used as evidence of concealment if the buyer sues within a year. Have the form ready before showings begin.

Inspectors must be licensed (M.G.L. c.112 §222), and your listing agent can't recommend a specific inspector to the buyer, only provide the state's full list on request (M.G.L. c.112 §87YY½).

What the disclosure says: the seller warrants that the purchase isn't contingent on limiting the buyer's inspection choices, and the form states that the buyer may hire a licensed home inspector of their choice and has a reasonable period after the first contract is fully signed to decide whether to proceed based on the results.

What the rule doesn't do: it doesn't require you to make any repairs or lower your price based on what the buyer's inspector finds. You can still sell as-is.

Should you get a pre-listing inspection in Massachusetts?

It is optional, and it is most worth it when your systems are older or their history is unknown. A pre-listing inspection isn't required, but since most buyers inspect, knowing what they'll find has value. It's the same walkthrough a buyer's inspector does (roof, foundation, electrical, plumbing, heating, structure), commissioned by you before you list. It usually costs a few hundred dollars, more for a multi-family.

Why it helps:

• You control the response. You find the failing water heater or the knob-and-tube wiring with no offer on the table and no clock running, and decide whether to fix it, price around it, or disclose it.
• It builds buyer confidence. A report paired with repair receipts shows buyers what you know about the home.
• It protects your timeline. Surprises during the buyer's inspection are a common reason deals slip or fall apart.

When you might skip it: your major systems were recently replaced and documented, or the home was renovated with permits in the last few years. In that case the money may do more for your sale as staging or photography.

How to decide: the older your systems and the less you know about their history, the stronger the case. An older triple-decker with unknown system history is exactly where a pre-listing inspection pays off. It doesn't replace the buyer's own inspection. It just means you see the findings first. For what's worth fixing once you have the report, see what to fix before selling your Boston home.

How should you respond to a buyer's repair request after the inspection?

Offer a closing credit, make specific repairs, or hold firm, after sorting the list by priority. The buyer's inspection usually happens within the first week or two after your offer is accepted, inside the inspection window set in the Offer to Purchase. Then the repair request arrives. You're not legally required to fix any of it, but how you respond often decides whether the deal closes. You have three options:

• Offer a closing credit. You agree to an amount that comes off your proceeds and the buyer handles the work after closing. It's often the cleanest path: a fixed cost, no contractor scheduling, and no re-inspection of your work.
• Make specific repairs. Best for simple, inexpensive safety items, or when the buyer's loan program requires certain repairs before funding, as FHA and VA loans sometimes do. Use licensed contractors and keep the receipts for your attorney.
• Hold firm. Reasonable after a competitive offer process, but if the buyer can still exit under the inspection contingency, it carries real risk, especially in a slower market.

Sort the list before you answer. Safety and health items, like failed smoke detectors, exposed wiring, or gas concerns, are usually worth addressing because they can affect insurance and financing. Major capital items, like an aging boiler or a roof near the end of its life, are where credits make the most sense. Cosmetic and routine maintenance items, like a dripping faucet or peeling fence paint, are reasonable to decline. A reasonable, prioritized response tends to get a reasonable answer back. For the money side, see what you'll net from your sale.

FAQ

Can I accept an offer that waives the home inspection in Massachusetts?

Not when the first contract is signed after October 15, 2025 and no exemption applies. For 1 to 4 unit homes, condos, and co-ops, sellers can't condition acceptance on an inspection waiver and can't accept an offer from a buyer who said in advance they would waive. A buyer can still choose not to inspect after the offer is accepted and the disclosure is signed, as long as the seller's side didn't influence that choice.

Does the rule apply to two- and three-families?

Yes. It covers residential buildings with 1 to 4 units, condo units, and residential co-ops.

When do I give the buyer the inspection disclosure?

No later than the signing of the first written contract, which is usually the Offer to Purchase. Have it ready before showings start.

Do I have to fix everything the buyer's inspector finds?

No. Massachusetts doesn't require sellers to make repairs based on a buyer's inspection. The buyer can ask for repairs or credits, and if you can't agree, the buyer may be able to withdraw under the inspection contingency.

Is a credit better than doing the repairs?

Often, yes. A credit is a fixed amount with no contractor scheduling or re-inspection. Repairs make more sense for simple safety fixes or when the buyer's loan requires them before closing.

What are the penalties if the disclosure isn't provided?

For a broker or salesperson, failing to provide it is an unfair or deceptive practice under Chapter 93A, which allows actual damages, two to three times damages for willful or knowing violations, and attorney's fees; the Board of Registration of Real Estate Brokers and Salespersons may also take license action. For a homeowner in a one-time sale, a missing disclosure may be used as evidence in a damages suit brought within one year of the first contract.

Does a pre-listing inspection replace the buyer's inspection?

No. The buyer keeps the right to their own inspection. Yours simply lets you see the findings first and plan your response.

The bottom line: Massachusetts buyers keep their right to inspect, so plan for the inspection, consider a pre-listing inspection, and decide in advance how you will answer a repair request.

Sources

• M.G.L. c.143 §101: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter143/Section101
• 760 CMR 74.02 (definitions, permitted limits): https://www.law.cornell.edu/regulations/massachusetts/760-CMR-74-02
• 760 CMR 74.03 (prohibited conduct, disclosure, voluntary waiver): https://www.law.cornell.edu/regulations/massachusetts/760-CMR-74-03
• 760 CMR 74.04 (exemptions, October 15, 2025 date): https://www.law.cornell.edu/regulations/massachusetts/760-CMR-74-04
• 760 CMR 74.05 (Chapter 93A and licensing): https://www.law.cornell.edu/regulations/massachusetts/760-CMR-74-05
• M.G.L. c.112 §222 (home inspector licensing): https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVI/Chapter112/Section222
• M.G.L. c.112 §87YY½ (agents and inspector recommendations): https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVI/Chapter112/Section87YY%201~2

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About Juan Murray

Juan Murray is a Boston broker associate with more than 30 years of experience helping buyers, sellers, and investors across Greater Boston, personally leading every transaction from the first conversation through closing.

RE/MAX Real Estate Center · (978) 581-0801

Equal Housing Opportunity. Juan Murray is licensed as a Broker in Massachusetts, regulated by the Massachusetts Board of Registration of Real Estate Brokers and Salespersons. This article is general information only and does not constitute legal, tax, or financial advice. Confirm your specific costs and obligations with your closing agent, tax advisor, or lender.