Massachusetts has introduced a new law that will significantly impact home inspection practices during real estate transactions. Passed by the Massachusetts Legislature in August 2024 as part of a larger housing reform package, this law regulates how buyers and sellers can handle home inspections when purchasing residential property. While the statute has been enacted, it will not take effect until detailed regulations are issued by the Governor’s Executive Office of Housing and Livable Communities.
The initial deadline for finalizing these regulations was December 15, 2024. However, this deadline has been extended to July 15, 2025, to allow sufficient time for:
A draft of the regulations is expected to be released in the spring of 2025, offering more clarity. Until then, the practical application of the law remains uncertain, and the housing industry must rely on the statutory language as passed in August 2024.
The law introduces two major rules aimed at ensuring fairness and protecting buyers' rights during real estate transactions:
This law is designed to give buyers more negotiating power while preventing sellers from coercing buyers into waiving their right to a home inspection. However, the law stops short of mandating that every buyer conduct an inspection, leaving flexibility in the transaction process.
There are still unanswered questions about how this law will function in practice, and these will only be resolved when the regulations are finalized. The housing industry and real estate professionals are eagerly awaiting the first draft of the regulations, expected in spring 2025, to better understand the practical implications.
As new updates and details emerge, we will provide additional guidance to help buyers, sellers, and real estate professionals navigate these changes effectively.
MGL Ch. 143, Section 101 (Enacted by Section 45 of Chapter 150 of the Acts of 2024)