Massachusetts Home Inspection Law: What Buyers Need to Know in 2026
Understand Massachusetts' home inspection protections effective October 15, 2025, including seller disclosures, buyer rights, deadlines, and limited exceptions.
What changed
The Affordable Homes Act led to 760 CMR 74.00, a regulation designed to protect a buyer's ability to obtain a home inspection. It applies broadly to sales of one-to-four-unit residential buildings, condominium units, and residential cooperative shares.
A seller or seller's agent generally may not require, encourage, or accept an offer that is conditioned on the buyer waiving or limiting the inspection right. A buyer is not forced to conduct an inspection, but the decision must be voluntary and cannot be used as a condition of acceptance.
What buyers should receive
Before or when the first purchase contract is signed, the seller or agent must provide a separate written disclosure explaining the inspection right. Both parties sign the disclosure.
- A reasonable opportunity to hire a licensed Massachusetts home inspector
- Time to review the written inspection report
- The ability to withdraw based on the inspection results under the applicable contract terms
- A copy of the required consumer information and disclosure forms
How to protect your timeline
The regulation does not replace careful contract drafting. Your offer should state the inspection deadline, notice procedure, scope of any negotiation threshold, and how deposits are handled if you withdraw. Have your buyer's agent and attorney review those terms before signing.
Identify an inspector before making offers. Once accepted, schedule promptly, attend the inspection, and deliver any notice exactly as the contract requires. Missing a contractual deadline can affect rights even when the underlying law protects access to an inspection.
Exceptions and legal advice
The regulation contains limited exceptions and special rules, including certain sales between related parties and other defined transactions. Auctions and pre-offer inspections also have specific treatment. Do not assume an exception applies based on a listing description; ask a Massachusetts real estate attorney.