Massachusetts set to bar home sellers from requiring inspection waivers

Massachusetts homebuyers will soon be protected from being pressured into waiving home inspections under new regulation.

The policy, put forth by the state’s Executive Office of Housing and Livable Communities (EOHLC), prohibits sellers and their agents from requiring or encouraging buyers to waive a home inspection as a condition of purchasing real estate.

It also prevents sellers from accepting offers if they are informed in advance that the buyer intends to forgo an inspection. The regulation takes effect for home sales that close after Oct. 15.

Buyers retain the right to decline an inspection, but only if the decision is made independently of any seller influence. Sellers will also be required to provide a written disclosure affirming the buyer’s right to an inspection.

“A home inspection is an important step in buying a property. Homebuyers must have the ability to make informed financial decisions and be given a clear picture of needed repairs or safety issues that could arise,” said Ed Augustus, secretary of the EOHLC.

“This new regulation creates a fairer, more even playing field for buyers and sellers, and HLC is proud to implement yet another smart policy from the historic Affordable Homes Act.”

Massachusetts‘ broader Affordable Homes Act, signed into law by Gov. Maura Healey, includes multiple initiatives aimed at increasing affordability across the state.

Public consideration for ending home inspection waivers in the state first began in late 2023.

Rule modification, industry pushback

The home inspection regulation was developed after a public comment period in May, during which EOHLC received more than 100 submissions.

Several provisions were revised based on stakeholder feedback — including a delayed implementation date to give the real estate industry time to prepare updated forms, training and educational materials.

The rule clarifies that while buyers can still opt out of inspections, sellers cannot suggest or require this waiver. Contract terms that undermine inspection effectiveness are also banned, although negotiated limits — such as repair cost thresholds or return of deposit — remain permissible.

A standard disclosure form will be issued by EOHLC. Failure to provide it constitutes a violation of state consumer protection law for any party acting in a business context. Other forms of noncompliance will be addressed based on the nature of the violation.

To support housing development, the rule exempts certain pre-sales of new construction, provided contracts are signed before substantial completion and the seller offers at least a one-year express warranty.

Additional exemptions apply to domestic partners, extended family members and certain estate planning arrangements.

Opponents of the policy include the Greater Boston Real Estate Board, Massachusetts Association of Realtors, Massachusetts Mortgage Bankers Association and the Commercial Real Estate Development Association.

In a joint statement, these entities argued that the legislation contains overly broad and ambiguous liability language. Concerns were also raised about whether the state has sufficient inspection capacity to handle a likely surge in demand.

Affordable housing progress

Earlier this month, Healey’s office announced $7.4 million in funding for two office-to-residential conversion projects that are expected to create nearly 200 housing units in downtown Boston. The state also finalized the sale of 450 acres of surplus land to support development of up to 3,500 new homes.

The administration has also reported significant progress on its housing agenda — including zoning reforms, new investment programs and the statewide adoption of accessory dwelling units (ADUs).

A total of 134 communities served by the Massachusetts Bay Transportation Authority (MBTA) have approved multifamily zoning, with nearly 4,200 new units reportedly in the development pipeline.

EOHLC is expected to continue public outreach and education efforts in advance of the inspection policy’s implementation date.