📣 Big News for Massachusetts Real Estate Happening Soon. What Buyers & Sellers Need to Know…✨

In response to growing concerns over homebuyers being pressured into waiving inspections in a competitive housing market, the Healey-Driscoll Administration has enacted a landmark regulation to protect the rights of home buyers, taking effect for purchase agreements dated after October 15, 2025.

Why This Matters

In today’s fast-moving Massachusetts housing market, buyers often felt compelled to waive their home inspection to make their offers appear more attractive to sellers and remain competitive in bidding war scenarios and sometimes discovering costly home repairs and issues after closing. Experts applaud this change, including myself, as a necessary consumer protection measure. This reform aims to:

• Restore balance to the negotiation process

• Ensure buyers have the opportunity to make informed decisions

• Promote transparency and accountability

What’s Changing?

🛑No More Inspection Waiver Pressure: Sellers and their agents are prohibited from conditioning the acceptance of an offer on the buyer waiving or restricting their right to a home inspection. Equally, they cannot accept an offer that indicates the buyer already intends to waive that right.

✍️Mandatory Written Disclosure: Before or at the signing of the first written agreement (e.g., Offer to Purchase or Purchase and Sale Agreement), a separate signed disclosure from both buyer and seller is required. This disclosure must affirm that the offer is not contingent on waiving inspection and that the buyer may choose to have a licensed inspection with reasonable time to assess the findings.

🔎Prohibition of “Meaningless” Inspection Clauses: Contracts must avoid provisions that undercut the purpose of an inspection - such as overly limiting access, timing, or scope. Reasonable negotiated terms (e.g., deposit thresholds or repair-cost caps) are still allowed.

👍Buyer Autonomy Preserved: Buyers retain the right to voluntarily waive the inspection after acceptance - so long as it’s truly their own uninfluenced decision. They are under no obligation to have one, provided no undue pressure is involved.

What Should Buyers Do?

• Know your rights: Sellers cannot require you to waive an inspection to be considered

• Ensure proper disclosure: Look out for and sign the required inspection disclosure with the sellers and your agent

• Seek legal guidance: Especially in complex transactions—such as with new construction or familial transfers—consult your real estate lawyer or agent.

• Use the inspection as leverage: With inspections restored to their rightful place in buyers can confidently negotiate stronger offer terms with full transparency between all parties

Enforcement & Consequences

Failure to comply comes with serious repercussions:

• Violations can constitute unfair or deceptive practices under Massachusetts General Law Chapter 93A—giving buyers and the State legal avenues for enforcement

• Real estate professionals may also face disciplinary action by the Board of Registration of Real Estate Brokers and Salespersons and could be subject to damages, including treble damages for willful violations

• Sellers engaged in real estate as a business (e.g., developers or flippers) also face liability

• Private sellers in goodwill transactions are generally exempt, except where misrepresentation issues arise and the waiver can be used as evidence of intent to conceal material facts

Who Is Exempt?

Some transactions are exempt from these regulations, including:

• Sales between family members, domestic partners, or via estate planning tools

• Foreclosure or public auction transfers

• Pre-completion new construction sales, provided the purchase is signed before substantial completion and comes with a one-year express written warranty

📚 For more info on this new lawful change due to take effect October 15th, 2025, click here to learn more 👉 https://www.mass.gov/info-details/residential-home-inspections

🤔 Thinking about buying or selling? Curious about these new changes and want to stay informed? You can count on me! Don’t navigate these COMPLEX new rules alone! 😳 More now than ever - it’s crucial to partner with a trusted experienced local  REALTOR®️ (like me) to expertly guide you through the process. From prepping you at the very beginning of your journey - to handing over the keys, I’ll be by your side and you can count on me every step of the way. 👣 Let’s connect to discuss a winning strategy for a successful compliant closing. 🏆 I’m just a call, text or DM away. ☺️ Let’s chat. 💬 taraze@kw.com  |  978.821.7059

PS - Check out my CLIENT TESTIMONIALS to see what I could do to help you too!

#MassachusettsRealEstate 🚨 #HomeInspectionLaw 🧐 #Homebuyers 🕵️‍♀️ #HomeSellers ✅ #RealEstateUpdate 🗞️ #MassachusettsHomes ✨ #RealEstateTips 👍 #HousingMarket 🏘️ #ProtectHomebuyers🔎 #RealEstate101 🛠️ #realestategoals 🤩 #HomeTips 🛋️ #HomeGoals 🌟 #HomeownerLife #RealEstateTips 🏡 #BuySellInvest 💼 #DreamHomeGoals 🌟 #HomeSweetHome ❤️ #MovingSoon 🚚 #HouseGoals 🏠 #RealEstateExpert 🔑 #MarketUpdate 📊 #HomeOwnership 🏡 #RealtorTips 🗝️ #HelpfulAgent 🤝 #HelpfulRealtor  🫶 #YourRealtor ☺️ #wickedgoodhomes 🛜

💯‼️