The Massachusetts Executive Office of Housing and Livable Communities (EOHLC) released its final home inspection regulations on June 6, 2025, delaying implementation until October 15, 2025.
The rules, developed as part of a housing bond bill passed in August 2024, aim to strengthen consumer protections for first-time homebuyers, particularly those entering the market. The new rules will not apply to Contracts to Purchase or Purchase and Sale Agreements signed on or before October 15.
The regulatory process began with the issuance of draft rules on April 25, followed by a 21-day public comment period. These rules sought to protect buyers from pressure to waive home inspections, a practice that has become more common in competitive housing markets like Greater Boston.
Several industry groups, including the Massachusetts Association of Realtors (MAR), the Greater Boston Real Estate Board (GBREB), and the Real Estate Bar Association (REBA), voiced concerns during the public comment period. These groups stated that the initial proposals were too broad and could disrupt transactions or lead to unintended financial consequences. Buyers Brokers Only strongly supported the proposed regulations.
REBA, in a six-page letter, warned the rules might conflict with existing legal practices and argued for more flexibility, including the continued use of “aggregate” clauses. These clauses enable buyers to withdraw from a deal only if the estimated repair costs exceed a specified amount.
The final version of the regulations allows such clauses, provided the monetary threshold is deemed “reasonable” and agreed upon by both parties. The EOHLC did not define a reasonable amount, though some home-buying advocates have suggested a threshold of 2 percent or less of the purchase price.
The regulations also introduce a new disclosure requirement. Sellers must provide buyers with a separate written statement confirming that an offer does not require waiving a home inspection and that the buyer has the option to inspect the property. Failing to provide this disclosure would be a violation of state consumer protection law. The EOHLC plans to issue a standard disclosure form.
The regulations include an exemption for new home construction. If a purchase contract is signed before substantial completion and includes at least a one-year express written warranty, sellers are not required to provide an inspection contingency. State officials said the exemption will help boost housing production by easing financing for new developments.
According to the Healey-Driscoll Administration, the new rules position Massachusetts as a national leader in home buyer protections. Inspections, officials say, remain a critical tool for identifying potential issues and negotiating fair prices during real estate transactions.
