The Healey-Driscoll Administration implemented a new state policy today that protects homebuyers’ rights to a home inspection and serves as a leading example of home inspection protections for homebuyers in the country. The new regulation applies to sales after October 15, 2025, and prohibits sellers or their agents from selling a home on the condition that a buyer waive an inspection. The policy also prevents a seller from accepting an offer if the seller is informed in advance that the buyer intends to waive their right to an inspection.
Included in the Affordable Homes Act and signed into law by Governor Maura Healey, the Executive Office of Housing and Livable Communities developed and published a final regulation after reviewing more than 100 comments received through a public comment period in May. The law strengthens consumer protections while clarifying key responsibilities for real estate professionals, ensuring buyers have meaningful opportunities for home inspections without undue pressure or misleading contract terms. Although the law prohibits home sales on the condition of an inspection being waived or accepting offers if a home inspection waiver is communicated in advance, buyers still have the right to choose not to get a home 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 Executive Office of Housing and Livable Communities Secretary Ed Augustus. “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.”
In recent years, homebuyers have too often been pressured to choose not to have a home inspection so their offer to purchase will be considered competitive. Home inspections can help buyers uncover potential issues, avoid unexpected expenses and bring peace of mind to a family making a big financial decision. They can also be an important part of negotiating a fair price for a home.
Following the publication of the initial draft regulation, several key changes were included in the final version to incorporate feedback stakeholders provided during the official public comment window. Importantly, the regulation will apply to sales after October 15, 2025, allowing time for the real estate industry to develop necessary forms, trainings, and education materials for the industry to comply with the law. This extended deadline also allows more time for consumers and the general public to learn about the law.
The regulation confirms that a buyer may choose not to conduct an inspection, as long as the decision is not influenced by the seller or their agent, and prohibits contract terms that decrease the effectiveness of inspections, while still permitting reasonable, negotiated terms (e.g., repair cost thresholds or return of deposit).
The regulation requires sellers to provide a separate written disclosure informing buyers that acceptance of their offer is not contingent upon the waiver of a home inspection and that the buyer may choose to have the home inspected. EOHLC will develop a standard disclosure form. The final regulation makes clear that if a person acting in the business context fails to provide the required disclosure, it is a violation of the consumer protection law, with other violations addressed by other means, depending on the circumstances.
To support new housing construction across the state, the final regulation includes a limited exemption for pre-sales of newly constructed homes provided the purchase contract is signed before substantial completion and the seller offers at minimum a one-year express written warranty. This exemption supports continued housing development by helping builders secure additional financing to build more units without delay.
Additionally, the regulation expands exemptions to include domestic partners, extended family members and various estate planning tools.
The Affordable Homes Act, as amended by a later piece of legislation, set a June 15, 2025, deadline for EOHLC to promulgate guidance or regulations on the home inspection waiver provision. The final regulation is to be published in the Mass Register today ahead of the required date. EOHLC will now develop language for the required disclosure form as it continues to spread awareness of the new law and regulation.
The Healey-Driscoll Administration is committed to building more housing across the state to lower costs for residents. Earlier this week, Governor Healey announced $7.4 million in awards to support two office-to-housing conversion projects that will create nearly 200 new units in downtown Boston, as well as the sale of 450 acres of state-owned surplus property to create up to 3,500 new units.
Last week, the administration announced that 75 percent of MBTA communities have approved multifamily zoning, now totaling 134 MBTA Communities, with nearly 4,200 new housing units now in the development pipeline. Earlier this month, the first-in-the-nation Momentum Fund made its first investments in two reasonably priced, mixed-income properties totaling 262 units. And in February, Accessory Dwelling Units were allowed by-right statewide for the first time under the Affordable Homes Act, with wide adoption expected to produce an additional 8,000-10,000 units in the coming years.
Article from: https://www.mass.gov/news/healey-driscoll-administration-implements-new-policy-protecting-homebuyers-inspection-rights