As of October 15, 2025, Massachusetts home sellers cannot accept any offer in which the buyer waives their right to a home inspection. Sellers must provide a state-required disclosure form to every prospective buyer confirming this right before any purchase contract is signed, and both parties must sign it. Failing to deliver the disclosure violates Massachusetts Consumer Protection Law, Chapter 93A, which can expose sellers and their agents to treble damages and attorneys’ fees.
What Does the Massachusetts Home Inspection Law Require of Sellers?
If you’re planning to sell your home in Jamaica Plain, Roslindale, Hyde Park, Dorchester, or Roxbury, there’s a legal change you need to know about before you put a sign in the yard. On October 15, 2025, the Healey-Driscoll administration implemented new home inspection protections for residential buyers in Massachusetts. Many sellers who are listing now are still unaware of what’s required. The short version: you can no longer accept an offer that waives the buyer’s right to a home inspection, and before any offer is officially accepted, you must provide a specific state disclosure form acknowledging the buyer’s inspection rights. Both you and the buyer must sign it. For a deeper look at how this affects your decision about whether to get your own pre-listing inspection, see should you get a pre-listing home inspection before selling in Boston. And for the full timeline of what happens after you accept an offer, see what happens after you accept an offer in Massachusetts.
What the Law Actually Requires
The policy has three core requirements for sellers and their listing agents. First, you must provide a written disclosure to every prospective buyer before or at the signing of the first purchase contract — the “Massachusetts Mandatory Residential Home Inspection Disclosure.” Second, both the seller and the buyer must sign the form. Third, you cannot accept any offer that requires the buyer to waive, limit, or forego a home inspection. That last point is the one that changed most dramatically from how things worked in 2022 and 2023. During the height of the seller’s market, waived inspections were common across Jamaica Plain, Roslindale, and South Boston. That practice is now prohibited by law.
What the Disclosure Form Says
The disclosure form confirms, in writing, that the buyer has the right to have the property inspected by a home inspector of their choosing, to review the results of that inspection, and to withdraw from the sale if the results are unsatisfactory, within the timeframes set by the contract. Neither the inspection nor the buyer’s right to withdraw obligates the seller to make repairs. The law does not require sellers to fix anything the inspector finds. It requires that the buyer have an opportunity to understand the property’s condition before the Purchase and Sale Agreement becomes binding.
The Stakes: Chapter 93A
Failing to provide and execute the disclosure is a per se violation of Massachusetts General Law 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, meaning 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.
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 that were common in 2022 are increasingly rare, as buyers have more negotiating room and are less willing to take on risk they can’t see. What the new law requires is that your listing agent know the procedure and execute it correctly. The disclosure form should be prepared before the first showing and completed before any offer is submitted. A clean inspection is a strong signal to buyers — 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 a reason to negotiate.
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-family or three-family home in Jamaica Plain, Dorchester, or Hyde Park, the disclosure requirement and the prohibition on inspection waivers both apply.
What is the Massachusetts Mandatory Residential Home Inspection Disclosure form?
It’s a state-issued document that must be 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 is treated as a violation of Massachusetts Consumer Protection Law, Chapter 93A. Buyers can sue for actual damages, up to treble damages if the violation was knowing or willful, and attorney’s fees. Real estate agents face strict liability, meaning there is no defense based on intent, and they 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 of the seller accepting their offer. However, once the inspection is complete, the buyer retains the right to 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 immediately when a buyer makes an offer.
Have questions? Let’s connect.
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 · (617) 721-0961
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.
