10/08/2025
Massachusetts Enacts Landmark Home Inspection Protection Law for Buyers
BOSTON, MA — In a major step toward strengthening consumer protections in the housing market, Massachusetts has enacted a new law that guarantees every homebuyer the right to a home inspection—eliminating the widespread practice of pressuring buyers to waive inspections in competitive bidding situations.
This right was codified as part of the Affordable Homes Act, signed into law in August 2024, and formally implemented through new regulations issued by the Executive Office of Housing and Livable Communities (EOHLC) under 760 CMR, effective October 15, 2025.
Sponsored by Senator Michael Moore (D-Millbury) and Representative Brian Ashe (D-Longmeadow), the law ensures that all buyers in residential real estate transactions are afforded the opportunity to conduct a home inspection after their offer has been accepted, but before finalizing the sale. Importantly, buyers may only waive this right after an offer has been accepted, a provision that aims to level the playing field and restore transparency to the homebuying process.
“For years, buyers have been forced to choose between being competitive and being cautious,” said Senator Moore. “This law removes that false choice and restores balance and safety to the biggest financial decision most people will ever make.”
“This is about fairness, access, and ensuring people aren’t being pushed into buying homes with hidden problems just to compete,” added Representative Ashe. “It’s a common-sense reform whose time had come.”
Key Features of the Law:
Guaranteed Right to a Home Inspection: All buyers of single-family and multi-family homes now have the legal right to conduct a home inspection as part of the transaction process.
No Waivers Before Offer Acceptance: Buyers may not waive the inspection in their initial offer. Waivers are only permitted after the seller accepts the offer.
Reduced Buyer Pressure: This provision removes the competitive pressure buyers often feel to forgo inspections in order to strengthen their bids.
Codified in State Law and Regulations: Implemented under the Affordable Homes Act of 2024 and EOHLC regulation 760 CMR, these rules provide clear guidance for both buyers and sellers across the state.
The new regulations also define the process for how inspections must be disclosed and scheduled and establish penalties for non-compliance by real estate professionals.
While there are limited exclusions—such as certain court-ordered sales, homes sold between immediate family members, or properties already subject to binding arbitration—these cases are uncommon and do not affect the vast majority of transactions.
Protecting Buyers in a Challenging Market
In recent years, Massachusetts' competitive housing market has seen a sharp rise in waived inspections, leaving buyers vulnerable to unforeseen repair costs and safety hazards. This new law responds to those concerns by restoring a basic consumer protection that had effectively disappeared in practice.
“This is a victory for first-time homebuyers, working families, and anyone trying to make a responsible investment in their future,” said a spokesperson from the EOHLC. “Home inspections shouldn’t be a luxury—they’re a necessity.”
For More Information
The full text of the Affordable Homes Act and accompanying regulations (760 CMR) can be found on the EOHLC website at mass.gov/EOHLC.
Media Contact:
ASHI (American Society of Home Inspectors), New England Chapter, and Tiger Home Inspection, and Homebuyerprotection.org
Contact individual: John Gallagher, [email protected], (617) 275-6395
Contact with any questions or requests for information
The Executive Office of Housing and Livable Communities (EOHLC) was established in 2023 to create more homes and lower housing costs for Massachusetts residents. EOHLC also distributes funding to municipalities, oversees the state-aided public housing portfolio, and operates the state's Emergency Fa...
