What does the new Massachusetts home inspection law require of sellers?
As of October 15, 2025, Massachusetts home sellers cannot accept any offer that waives the buyer's right to a home inspection. Sellers must provide a state-required disclosure form to every prospective buyer before signing any purchase contract. Both parties must sign it. Failing to deliver the disclosure violates the Massachusetts Consumer Protection Law, Chapter 93A. Sellers and their agents face triple damages and attorneys' fees.
If you're selling in Jamaica Plain, Roslindale, Hyde Park, Dorchester, or Roxbury this spring, there's a legal change you need to know before you put a sign in the yard.
On October 15, 2025, the Healey-Driscoll administration enacted new home inspection protections for residential buyers in Massachusetts. Many sellers listing this spring still don't know what's required.
Here's the short version: you can no longer accept an offer that waives the buyer's right to a home inspection. Before any offer is accepted, you must provide a state disclosure form acknowledging the buyer's inspection rights. Both you and the buyer must sign it.
If that's not happening on your listing, your agent is out of compliance. You may be personally exposed to legal liability under one of the most serious consumer protection statutes in Massachusetts.
What the Law Actually Requires
The new policy has three core requirements for sellers and their listing agents:
- You must provide a written disclosure to every prospective buyer before or at the signing of the first purchase contract, whether that's the Offer to Purchase or the Purchase and Sale Agreement. The document is called the "Massachusetts Mandatory Residential Home Inspection Disclosure."
- Both the seller and the buyer must sign the disclosure form.
- You cannot accept any offer that requires the buyer to waive, limit, or forego a home inspection.
That last point marks the sharpest break from 2022 and 2023 practice. During the height of the seller's market, waived inspections were common across Jamaica Plain, Roslindale, and South Boston. Buyers waived inspections to appear more competitive. Sellers accepted those offers without a second thought. That practice is now prohibited by law.
If your listing agent tells you to reject any offer containing an inspection contingency, or advertises the property as "inspection as-is, no requests considered," they are violating this law. That is not guiding you toward a clean offer.
What the Disclosure Form Says
The disclosure form is brief. It confirms, in writing, that the buyer has the right to hire a home inspector of their choosing, review the results, and withdraw from the sale if the results are unsatisfactory within the timeframes set by the contract.
The form also states that the seller cannot accept an offer that waives these rights.
The inspection does not obligate the seller to make repairs. The law does not require sellers to fix anything the inspector finds. What it requires is that the buyer has a genuine opportunity to understand the property's condition before the Purchase and Sale Agreement becomes binding. After completing an inspection, the buyer can proceed, request repairs or a credit, or walk away.
For sellers in Boston's current market, that distinction matters. Well-priced homes in Jamaica Plain are still going under agreement in 15 to 23 days. A buyer who completes an inspection and proceeds is more committed than one who waived it under pressure. I cover what happens from that point forward in my step-by-step guide to what happens after you accept an offer in Massachusetts (What Happens After Accepting an Offer).
The Stakes: Chapter 93A
The penalties for non-compliance are serious. Agents have no wiggle room.
Failing to provide or execute the disclosure constitutes a per se violation of Massachusetts General Laws Chapter 93A, the state's Consumer Protection Act. Chapter 93A gives aggrieved buyers the right to sue for actual damages, up to triple damages if the violation was knowing or willful, and attorney's fees.
Agents face strict liability. Intent is irrelevant. If the disclosure was not provided and signed, the violation exists regardless of whether the agent meant to omit it. Beyond civil liability, agents risk license action from the Division of Occupational Licensure.
Sellers face real exposure, too. If a buyer later claims they were denied a meaningful opportunity to inspect, and the required disclosure was never executed, the transaction can be challenged. The law applies to contracts entered into on or after October 15, 2025. Any listing you put on the market today falls under these requirements.
How to Make This Work for Your Listing
None of this makes your property harder to sell. It changes the process, not the outcome. Buyers in today's market expect inspections. The waived-inspection offers common in 2022 are rare in spring 2026. Buyers have more negotiating room and less appetite for unseen risk.
The law requires that your listing agent know the procedure and execute it correctly. The disclosure form should be ready before the first showing. Experienced agents in the Greater Boston market already include it in their standard listing package.
The requirement can work in favor of a well-maintained home. A clean inspection signals to buyers that the property is sound. If your home in Roslindale or Hyde Park passes with minimal issues, that result can accelerate a buyer's decision to commit rather than giving them reason to negotiate.
For homes with deferred maintenance, the requirement creates a good reason to address significant issues before you list. Catching problems mid-transaction limits your options. I cover the full financial picture in my guide to how much you'll net selling your home in Boston (Seller Net Proceeds App).
Every situation is different. The only way to know how this law applies to your property, and how to build a listing strategy around it, is to go through the details with someone who knows this market. That's the conversation I have with sellers before we do anything else.
Frequently Asked Questions
Does the Massachusetts home inspection law apply to multi-family properties?
Yes. The law applies to residential buildings with one to four units, condominium units, and co-op shares tied to residential occupancy. If you're selling a two- or three-family property in Jamaica Plain, Dorchester, or Hyde Park, both the disclosure requirement and the prohibition on inspection waivers apply.
What is the Massachusetts Mandatory Residential Home Inspection Disclosure form?
It's a state-issued document signed by both the seller and the buyer before any purchase contract is executed. The form confirms the buyer's right to a home inspection with an inspector of their choice, the right to review the results, and the right to withdraw from the sale based on those results. Your listing agent should have this as a standard form in their listing documents.
What are the penalties if a seller doesn't provide the home inspection disclosure?
Non-compliance with the Massachusetts Consumer Protection Law, Chapter 93A, constitutes a violation. Buyers can sue for actual damages, up to triple damages if the violation was knowing or willful, and attorney's fees. Real estate agents face strict liability. There is no defense based on intent. Agents also risk license action from the Division of Occupational Licensure.
Can a buyer still choose not to get an inspection in Massachusetts?
The law prohibits sellers from accepting offers that waive or limit inspection rights. A buyer cannot sign away their right to inspect as a condition for the seller to accept their offer. Once the inspection is complete, the buyer can proceed without requesting repairs or credits if they choose.
When should the seller provide the inspection disclosure form?
The disclosure must be provided before or at the signing of the first purchase contract, whether that's the Offer to Purchase or the Purchase and Sale Agreement. Best practice is to have it ready before showings begin so it can be delivered the moment a buyer makes an offer.
Selling in Massachusetts in 2026 means navigating legal requirements that differ from those of two years ago. The home inspection disclosure law is one of the most consequential changes. The legal exposure for non-compliance is significant. It affects how your listing runs from day one.
Understanding these requirements before you list puts you in control of the process. If you're getting ready to sell in Jamaica Plain, Roslindale, Hyde Park, Dorchester, or Roxbury, I'd welcome a conversation about the current market and the right preparation strategy for your property. My consultations are private, confidential, and no-pressure. Schedule a conversation, and we'll work through it together.
About Juan Murray: Juan Murray is a Broker Associate at RE/MAX Real Estate Center in Jamaica Plain with over 32 years of experience serving the Greater Boston market. He specializes in helping homeowners in Jamaica Plain, Roslindale, Hyde Park, Dorchester, and Roxbury maximize their sale price through strategic pricing, targeted marketing, and expert negotiation. Whether you're selling a single-family home, a multi-family home, or a condo, Juan brings the local knowledge and transaction depth to get you to the closing table with confidence.