Massachusetts sellers are not legally required to fix anything a buyer’s inspector finds. The home inspection contingency gives the buyer information and options, but it does not create a mandatory repair list for the seller. After receiving the buyer’s repair request, sellers can choose to make specific repairs, offer a credit at closing, negotiate on price, or hold firm and let the buyer decide whether to proceed. What you actually do depends on the market, the property, and the specific requests on the table.
What Does a Seller Have to Do After a Home Inspection in Massachusetts?
You accepted an offer, signed the Offer to Purchase, collected the deposit, and started planning your next move. Then the buyer’s inspection report came back with 14 items on it, ranging from a cracked outlet cover to “minor settling cracks in the foundation.” Now the buyer’s agent is sending over a repair request, and you’re wondering: do I have to fix all of this? Some of it? Any of it? For the legal framework on what inspectors can find and what buyers are entitled to, see Massachusetts home inspection law. For a guide on which fixes are actually worth making before the buyer ever sees the property, see what to fix before selling your Boston home.
The honest answer: in Massachusetts, you are not required to fix anything. Not one item. The inspection contingency protects the buyer’s right to know what they’re buying. It does not obligate you to remediate everything the inspector put in the report. That said, how you respond to the repair list will determine whether the deal closes or falls apart.
What the October 2025 Inspection Law Changed (and What It Didn’t)
The Massachusetts home inspection law that took effect on October 15, 2025 changed what sellers can require of buyers at the offer stage: sellers and agents can no longer condition offer acceptance on a buyer waiving or limiting their right to a home inspection. What the law did NOT change is what happens after the inspection. Sellers still have zero legal obligation to make repairs based on inspection findings. The inspection contingency gives buyers the right to walk away and the right to ask for repairs or credits. It does not hand them a binding repair order.
The Three Ways Sellers Can Respond
Complete specific repairs. You hire a licensed contractor, get the work done before closing, and provide receipts. This works when the request is simple, the timeline is short, and the issue could affect the buyer’s financing.
Offer a closing credit. Instead of fixing anything, you reduce the seller’s proceeds by an agreed amount and let the buyer handle the repairs themselves after closing. This is increasingly the preferred approach in Boston: no contractor scheduling delays, no risk that the buyer objects to your choice of contractor, no possibility of a re-inspection request. The credit is applied to the seller’s side of the settlement statement, and the deal moves forward.
Hold firm. In some cases, particularly when a listing received strong competition, you may decide not to concede anything. This is a legitimate option, but it carries real risk if the buyer has a clean exit under their inspection contingency.
How to Sort Through the List
Safety and health issues tend to be worth addressing. Failed smoke detectors, exposed wiring, or gas line concerns affect the property’s insurability and, in some cases, the buyer’s ability to obtain financing. Major capital items like a roof at the end of its life or an aging HVAC system are where credits shine. If the buyer’s inspector flags a 20-year-old boiler in a Jamaica Plain triple-decker, you’re better off negotiating a credit than hiring a crew to do a full replacement in the middle of a transaction. Cosmetic and maintenance items are a different story. A hairline crack in the driveway. Minor peeling paint on a back fence. A bathroom faucet that drips. A reasonable response to a list like that is to address the legitimate items and decline the cosmetic ones.
There’s a useful rule of thumb: if the buyer is reasonable with their requests, sellers respond in kind about 75% of the time. If the buyer asks for everything on a 25-item report, sellers typically respond by offering nothing. The negotiation posture matters as much as the list itself.
Credits vs. Actual Repairs: Which Is Better for You?
In most Boston-area transactions, offering a closing credit is the cleaner path for sellers. You know the exact dollar amount you’re conceding; there’s no contractor to schedule before a deadline, and you don’t have to worry about the buyer inspecting the work and raising new concerns. There are situations where making the actual repair is the smarter call. If the buyer is using an FHA or VA loan, the lender may require certain repairs before funding. Simple, inexpensive safety fixes are also often better done than credited.
One important note if you do agree to make repairs: Massachusetts closings require receipts for any work performed by licensed tradespeople. Your attorney will ask for them at the closing table.
What a Pre-Listing Inspection Changes
A pre-listing inspection, done before you go on the market, lets you see exactly what a buyer’s inspector is likely to find. You can address the big items on your own timeline, price accordingly for things you choose not to fix, and avoid the surprise and urgency that come with a post-offer repair request. Sellers who’ve taken this approach in 2026 are reporting smoother transactions: you go into negotiations knowing what you know, and buyers tend to be less aggressive when the seller’s side already has a clear handle on the property’s condition.
Frequently Asked Questions
Does a seller have to fix everything found in a home inspection in Massachusetts?
No. Massachusetts sellers have no legal obligation to repair any item found during a buyer’s home inspection. The inspection contingency gives the buyer the right to review the property’s condition and decide whether to proceed. It does not create a mandatory repair list for the seller. Negotiations happen voluntarily.
What happens if a seller refuses to make any repairs after an inspection?
If the seller declines to make repairs or offer any credits, the buyer must decide whether to proceed as-is, negotiate further, or walk away using their inspection contingency. In a competitive market where the listing attracted multiple offers, buyers often proceed with limited seller concessions. In a softer market or for a longer-sitting listing, refusing all requests carries more deal risk.
What is a repair credit and how does it work in Massachusetts?
A repair credit is an amount the seller agrees to contribute at closing that reduces the seller’s net proceeds and provides the buyer with funds to handle repairs themselves after the sale. It is reflected on the settlement statement and does not require any work to be completed before closing.
Can a buyer back out after a home inspection in Massachusetts?
Yes, a buyer can walk away from a transaction based on inspection results if their Offer to Purchase includes an inspection contingency that allows termination. Under Massachusetts law (760 CMR 74.00, effective October 2025), sellers cannot structure contracts that render the inspection contingency meaningless. The specific right to terminate and what happens to the deposit depend on the language negotiated in the OTP and the Purchase and Sale Agreement.
How long does the home inspection period last in Massachusetts?
The inspection period is typically 7 to 10 business days after the Offer to Purchase is accepted, though the exact window is negotiated between the buyer and seller. Time is of the essence in Massachusetts real estate contracts, so both parties should pay close attention to the dates specified in the OTP.
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.
