Starting October 15, 2025, Massachusetts’ new seller disclosure and inspection rights law (760 CMR 74.00) prohibits sellers and agents from pressuring buyers to waive inspections. Learn how the law affects buyers, sellers & agents.

What’s Changing on October 15, 2025 in Massachusetts?

Massachusetts is implementing a landmark real estate regulation—Massachusetts Home Inspection Law, 760 CMR 74.00—that goes into effect October 15, 2025, as part of the Affordable Homes Act. The rule prohibits sellers and listing agents from accepting offers if the buyer has been told in advance they intend to waive a home inspection contingency 

Key Provisions of the New Law

1. No Inspection Waivers Allowed

Sellers and their agents cannot require, suggest, or accept offers in which the buyer intends to waive a home inspection before acceptance juanrealestate.com+5Realtor+5lamacchiarealty.com+5.

2. Mandatory Seller Disclosure

A state‑approved written disclosure form must be provided by the seller or agent before signing the Offer to Purchase or Purchase & Sale Agreement. Both buyer and seller must sign it, confirming that no pressure has been applied and the buyer has the choice to inspect

3. Reasonable Inspection Timeframe

Buyers retain the option to inspect, and if they do, they must be given a reasonable, negotiable timeframe (commonly around 10 days) to schedule the inspection and review results. However, contract language that weakens inspection rights is prohibited 

4. No Contract Provisions That Undermine Inspections

Roof-tight deadlines, deposit forfeiture clauses, or other terms that nullify meaningful inspections are now banned—even if couched as “repair thresholds" 

5. Penalties for Non‑Compliance

Violations may constitute an unfair or deceptive business practice under Massachusetts Chapter 93A, exposing sellers and licensing agents to legal liability and disciplinary action 

Who’s Impacted?

Why It Matters to Buyers, Sellers & Agents

Buyers

  • Receive greater protection in competitive markets by eliminating pressure to waive inspection

  • Can walk away—or renegotiate—if serious defects are discovered

  • Gain access to informed decision‑making, reducing post‑closing surprises jrassociates.co+8Realtor+8juanrealestate.com+8

Sellers

  • Must be transparent upfront—some sellers now choose pre‑listing inspections to avoid disruptions

  • More clarity leads to smoother, faster closings if repairs are addressed early jrassociates.co

Agents

  • Must update listing and purchase forms to include the new mandated disclosure

  • Should avoid any verbal or written reference to inspection waivers

  • Need to coach clients on acceptable “reasonable” inspection windows and compliant negotiation tools

Timeline of Implementation

Date Milestone

August 6, 2024 Affordable Homes Act signed by Governor Maura Healey

June 6/15, 2025 Draft regulations published; initial guidance released

October 15, 2025 Regulation 760 CMR 74.00 becomes effective for contracts signed on or after this date

Although some early drafts referenced June 15, 2025 as the start, the final rule was postponed to October 15, 2025

The Massachusetts October 15, 2025 rollout of seller disclosure and inspection rights (760 CMR 74.00) ushers in a new era of buyer protection, transparency, and accountability in residential real estate. Buyers can make decisions with confidence. Sellers who prep their properties early can avoid costly surprises. Agents who update their compliance practices can ensure smoother transactions and reduce liability risk.

Matt Witte strives to be the best realtor in North Andover MA.

Any questions about real estate, reach out to Matt Witte, North Andover Realtor MA