At the Goneau Group, we believe knowledge is power, especially when it comes to protecting your biggest investment. If you’re a Massachusetts homeowner planning to sell in the coming year, there’s a new law you’ll want to understand. Beginning October 15, 2025, sellers of residential properties (one to four units) will be required to provide a Home Inspection Disclosure to potential buyers before signing a purchase contract.

This new rule, part of 760 CMR 74.00, was designed to give buyers clearer rights and make real estate transactions more transparent. But it also has important implications for sellers, and knowing how to comply will help you avoid unnecessary risks or delays in your sale.

Let’s take a closer look at what this means for you.

Why the New Massachusetts Home Inspection Law Was Created

In recent years, Massachusetts’ competitive housing market led many buyers to waive home inspections in an effort to make their offers stand out. While that strategy sometimes worked, it also left some buyers with costly repair surprises after closing.

To protect consumers, lawmakers added this new inspection disclosure requirement to the Affordable Homes Act. After months of review and public input, the rule is set to take effect on October 15, 2025.

What Massachusetts Home Sellers Are Required to Do

Under the new law, every seller must provide a state-issued Home Inspection Disclosure to buyers before executing a purchase and sale agreement.

This form will:

1. Affirm the buyer’s right to a home inspection. The seller must confirm that the purchase agreement is not contingent upon waiving or restricting that right.

2. Acknowledge that the buyer may choose their own licensed home inspector.

3. Allow a reasonable inspection period after the contract is signed, during which the buyer can decide whether to proceed if the inspection results aren’t satisfactory.

Failing to provide it is considered a violation of the Massachusetts Consumer Protection Law (Chapter 93A), a serious infraction that could expose sellers to legal and financial consequences.

What Counts as a “Home Inspection”?

A valid home inspection under the law must be performed by a licensed Massachusetts home inspector and cover the home’s major systems and structures, including:

• Roofing

• Exterior components (siding, decks, porches, etc.)

• Structural integrity (foundation, framing)

• Electrical and plumbing systems

• Heating and cooling systems

• General interior condition

• Insulation and ventilation

When the Law Applies and When It Doesn’t 

This law applies to most residential real estate transactions involving one- to four-unit properties, such as single-family homes, condominiums, and small multifamily buildings.

However, it does not apply to:

• New construction that’s under warranty and not yet substantially complete

• Sales between family members (such as gifts or intra-family transfers)

• Transfers resulting from divorce or estate planning

• Foreclosure sales

If you’re selling a traditional home on the open market, you’ll almost certainly need to provide the disclosure.

What Sellers Cannot Do

The law prohibits sellers from taking any action that would “render a home inspection meaningless.” That means sellers cannot:

• Unreasonably limit a buyer’s ability to schedule or conduct an inspection

• Prevent a buyer from withdrawing from the sale if inspection results are unsatisfactory

In other words, sellers cannot pressure buyers to skip or restrict inspections. Buyers must be given the freedom to evaluate the property and make an informed decision.

What Sellers Can Still Negotiate

The law does allow some flexibility so long as both parties agree and terms are reasonable. Sellers and buyers may:

• Set a repair cost threshold. For example, the buyer may agree not to withdraw from the sale unless the inspection uncovers issues exceeding a specific dollar amount.

• Define limits on deposit refunds. The parties can agree in advance on what portion of the buyer’s deposit is refundable if they decide not to move forward after inspection.

These options help balance buyer protection with seller security, keeping the process fair for everyone involved.

How Massachusetts Homeowners Can Prepare

If you’re thinking about selling in the next year or two, now’s the time to get ready. Here are a few steps to help you stay ahead:

1. Understand the new disclosure. Review the official state form with your real estate agent so you’re clear on your responsibilities.

2. Work with a knowledgeable agent. A seasoned professional will ensure your transaction complies with the new regulations and guide you through each step.

3. Consider a pre-listing inspection. Identifying issues early allows you to address them proactively, helping your home show better and reducing surprises later.

4. Be transparent about known defects. Honesty builds buyer trust and reduces the risk of post-inspection disputes.

5. Negotiate timelines thoughtfully. “Reasonable” inspection periods can be flexible; your agent can help you set terms that work for your situation.

The Bottom Line

Starting October 15, 2025, Massachusetts home sellers must provide buyers with a Home Inspection Disclosure before signing a purchase contract. This law enhances transparency, protects buyers, and helps sellers avoid potential disputes.

By understanding the rules now, you can approach your home sale with confidence and stay fully compliant when the time comes.

Ready to Sell With Confidence?

At the Goneau Group, we stay ahead of every industry change so our clients don’t have to. With over three decades of experience in Massachusetts real estate, our team guides homeowners through every step, from preparing your home for market to navigating new laws like this one.

If you’re planning to sell in 2025, let’s connect.