Saying Hello to Home Inspections

When we last spoke in the October 2025 issue of the Reporter, the governor in Massachusetts had signed a statute that said no seller (with very few exceptions) can condition an offer to purchase a home on the buyer agreeing to waive, limit, or forgo their right to do a home inspection. They also cannot accept an offer if they know in advance of the offer that the buyer intends to do so. The task of developing the specific regulations around this statute was assigned to the Housing Office within her administration. Our original bill included all the regulations we felt were fair and necessary, but the committee was free to create its own as long as they fulfilled the statute’s intent.

Our lobbyist was able to arrange two separate face-to-face meetings and a couple of Zoom calls with this committee. Four of us from ASHI NE spoke. We each had separate, rehearsed topics to make sure we stayed on point and weren’t redundant. Topics included: addressing the misleading statements from the large real estate agent groups, discrimination against lower income buyers, examples of real-life health, safety, and financial burdens we find, etc. We were nicknamed the “Dream Team,” and the committee expressed appreciation for the testimonies and materials we supplied.

The final regulations came out during the summer and went into effect October 15, 2025.

Understanding the Massachusetts
Regulations

The law strengthens consumer protections while clarifying key responsibilities for real estate professionals, ensuring buyers have meaningful opportunities for home inspections without undue pressure or misleading contract terms. Although the law prohibits home sales on the condition of an inspection being waived or accepting offers if a home inspection waiver is communicated in advance, buyers still have the right to choose not to get a home inspection.  

Here is link to the final regulations:

As part of the regulations, the listing agent, seller, and buyer must sign a disclosure form acknowledging each of their rights and responsibilities under the law. Here are the key points: 

Limitations on Waivers

Sellers cannot require or accept agreements that waive, limit, or restrict the buyer’s right to a home inspection (except under specific exceptions).

Buyers have the right to choose a licensed home inspector.

If a buyer elects to have an inspection, they must be given a reasonable period after contract execution to decide whether to proceed if results are unsatisfactory.

Seller’s Disclosure

Seller affirms that:

The purchase agreement does not restrict the buyer’s right to an inspection.

Buyer will be given reasonable time to act on inspection results.

Buyer may select any licensed inspector.

Buyer’s Acknowledgment

Buyer confirms they have the right to a licensed inspection.

Buyer acknowledges receipt of this disclosure.

Buyer certifies they did not preemptively waive or restrict inspection rights before making an offer or signing the contract.

Agent’s Acknowledgment

Seller’s agent affirms that sellers have been informed of their obligations.

Confirms this disclosure was provided to both buyer and seller.

Certification of Accuracy

All parties (buyer, seller, and agent) sign to confirm the truth and accuracy of the information.

Here is the link to the full disclosure form:

I can’t say we got everything we asked for. At the very end, reacting to last-minute pushback and with no time for us to respond, the committee compromised, or left vague, a few provisions we had focused on in earlier meetings. Such is the world of law-making.

However, I am thrilled to report that inspectors in our chapter and elsewhere have already seen an uptick in calls and bookings, and social media has been full of agents who have been very positive, even enthusiastic about it. Many have cautioned their listeners to avoid trying to get around law and risk the penalties that are embedded in the regulations. I think we’ve made a great start, and fingers crossed that everyone keeps saying and doing the right thing by the consumer and a buyer’s full due diligence becomes the norm once more.

What Others May Consider 

I was asked to make a few suggestions for those who are considering similar legislation in their states:

Know exactly what you want to change and what changes are necessary out in the field to make that happen.

Get a sense of what this might cost. It probably varies from state to state. Do you have the funds to do this, or can you raise them? 

Do you have the full support of your board and membership, as we did?

Find a lawyer who has experience with legislation and who knows the right phrases and formats legislators will respect and respond to. This should be someone who respects your cause and listens to your issues.

Find a good lobbyist. This should be someone with lots of experience and personal contacts to guide you through the legislative maze. Are they respected in the legislature, or do people hide under their desk when they see them coming? Call random legislators and ask them.

Get a group of four or five people in the chapter who are going to be there every bit of the way. They’re going to be the ones who are testifying at the legislative and committee hearings. Maybe they’re the good wordsmiths and good presenters who have great ideas, are really organized, are computer savvy, etc. 

Set up a website to explain the law, answer frequently asked questions, and accept donations. 

Consider your goal: We always felt that first and foremost this was a consumer protection law and not a home inspection law, and we always referred to it as such. 

Start making lists, including contact information for all inspectors in the state, legislators, clients who may have been harmed by waiving their inspection, affiliate companies who benefit from the work you do, real estate agents who you know to be sympathetic, etc. Two of such people testified with us at the State House. 

It’s risky and a lot of work, but our board felt we had to try. Even if the market becomes less competitive soon, there will be other sellers’ markets in the future. The waiving inspection genie is out of the bottle and isn’t going back in on its own. Do you want to go through another three or four years like the last ones again? Let’s end this now.

It can all sound daunting, I know. We were fortunate that we didn’t know what it would entail in time and effort at the start. Ignorance was bliss in this case. How could a small group with limited resources prevail against the interests of large real estate organizations with huge resources and a staff of attorneys? It is possible, and no matter what state you’re in, you will always have three things on your side:

It doesn’t cost the state anything to do it. You’re not asking them to replace all the bridges or update the transportation system. That’s a huge advantage over most bills.

It’s a law that affects the whole state. In our case, it wasn’t a Boston or Cape Cod bill. Every legislator has constituents who are buying and selling homes, so they all have a vested interest in this law.

Lastly, and this is not to be underestimated, it’s obviously The Right Thing to Do. You have the moral high ground. It’s hard to argue against this without looking like a greedy, selfish person.

This is the first law of its kind in the country, but we hope it isn’t the last. Maybe yours will be even better. 

To help in the process, ASHI NE is happy to share templates for the various types of letters and emails we wrote, sample scripts for phone calls, the original bill, testimonies we provided at hearings and meetings, etc., especially if you feel these could save you time or money. I hope to get this package on the ASHI site soon. Until then, feel free to contact me directly. Best of luck! 

Mike Atwell is an ASHI Certified Inspector at J. May Home Inspections, based in Massachusetts. He is Past President of ASHI New England and a recipient of ASHI’s 2023 Monahan Award.