Real estate education

Massachusetts home inspections: what changed, and what to ask before you offer.

Your inspection conversation belongs at the beginning of the purchase. Here is how the Massachusetts protections fit into that conversation.

By Mary McCauley, REALTOR® · Last reviewed September 19, 2026

An inspection gives you time to understand what you are buying. I want that conversation to happen before an offer is on the table, while there is still room to ask questions and make a thoughtful plan.

What the protections do

For covered sales, sellers and their agents cannot make acceptance contingent on giving up or restricting an inspection. A separate disclosure, signed by buyer and seller, is required no later than the first written purchase contract. The buyer must have a reasonable agreed period to obtain and review the inspection and decide whether to proceed.

A buyer may later choose to forgo an inspection after compliant acceptance and disclosure, without seller influence. That is different from using an inspection waiver to compete for acceptance. Have your attorney review the actual terms before you sign.

Source: 760 CMR 74.03: inspection protections and disclosure

Which properties and dates matter?

The regulation covers one-to-four-unit residential buildings sold as one property, condominium units and cooperative interests. It also bars terms that make an inspection meaningless. Certain reasonable repair thresholds or deposit-refund limits are permitted, so the wording still matters.

Source: 760 CMR 74.02: covered properties and meaningful inspections

Exceptions need a careful reading

The transition exemption covers first purchase contracts signed on or before October 15, 2025. Other exceptions include specified family transfers, foreclosure-related transfers and qualifying new construction contracted before substantial completion with a defined written warranty. Auctions are also addressed separately in the regulation. Do not assume every new home or estate sale is exempt.

Source: 760 CMR 74.04: exemptions and transition date

The questions I want answered before we submit

When does the inspection deadline begin, and what notice must be delivered?
Will utilities be operating and the relevant spaces accessible?
Do the property and its systems call for additional evaluations beyond the general inspection?
What would a major finding mean for your budget and your willingness to proceed?
Who will review the report with you, and when will any specialist estimates be available?

An inspection is information you can act on

I separate findings into what needs prompt attention, what needs more investigation, and what belongs in your maintenance budget. A long report does not automatically mean a bad house. A short report does not guarantee a trouble-free one.

The practical goal is to understand condition, cost and your contractual choices before a deadline passes. The inspection itself does not promise a particular repair, credit or price adjustment.

Sources and review notes

This is an educational guide, not a property-specific legal, financing, insurance or engineering opinion. Requirements and project status can change. Confirm the current records and applicable terms for your transaction.