Navigating the New Massachusetts Home Inspection Law: Essential Insights for Cape Cod Buyers and Sellers in 2025

As a luxury real estate advisor on Cape Cod, I’ve always believed that the most joyful transactions are rooted in clarity, confidence, and informed decision-making. That’s why a major change coming to Massachusetts real estate deserves your attention.

Effective October 15, 2025, a new Massachusetts Home Inspection Law will significantly reshape how buyers and sellers navigate transactions. Enacted as part of the Affordable Homes Act, this legislation is designed to protect buyers from being pressured into waiving inspections, while creating a fairer, more transparent marketplace, especially in competitive coastal markets like ours.

In this guide, I’ll break down exactly what the new law means for Cape Cod buyers and sellers, how it changes offer strategies, and why it ultimately enhances the elevated real estate experience my clients expect.

What Is the New Massachusetts Home Inspection Law?

Signed into law by Governor Maura Healey as part of the Affordable Homes Act (Chapter 150 of the Acts of 2024), the new regulation formally ends a long-standing pressure point in competitive real estate transactions: inspection waivers as a bargaining tool.

Beginning with purchase agreements dated on or after October 15, 2025, the law applies to most residential transactions involving:

• One to four unit residential properties

• Single-family homes

• Condominium units

• Residential cooperative shares

• 
  

Its purpose is simple but powerful: Buyers must be given a real opportunity to conduct due diligence without fear of losing the home.

Why Inspection Waivers Are No Longer Allowed

The Reality of the Cape Cod Market - Until Now

For years, buyers on Cape Cod navigating multiple-offer scenarios often felt compelled to waive the home inspection as a strategy to win the offer.

Waiving inspections often made an offer appear “cleaner” and more attractive to sellers, particularly in bidding wars. While sellers were still legally required to disclose known defects, buyers who waived inspections took on substantial risk, especially in coastal homes exposed to salt air, moisture, aging systems, and environmental conditions unique to the Cape.

What Changes in 2025

Under the new law, inspection waivers can no longer be used as leverage.

Sellers and agents may not:

• Encourage or request inspection waivers

• Advertise “inspection waivers preferred”

• Accept offers that include inspection waiver language

  
  

Even if a buyer voluntarily tries to waive the inspection to gain a competitive edge, the seller is prohibited from accepting that offer.

This fundamentally changes how offers are evaluated. Strength now comes from price, terms, financing certainty, and timing - not from removing protections.

Key Requirements You Should Know

1. Mandatory Home Inspection Disclosure Form

Nearly all residential transactions must now include a state-issued document:

The Massachusetts Mandatory Residential Home Inspection Disclosure.

What this means:

• The form must be provided and signed by both buyer and seller

• It must be signed no later than the first written purchase agreement (typically the Offer to Purchase)

• It confirms that:

  • The buyer has the right to obtain a home inspection

  • The agreement is not contingent upon waiving that right

  • A reasonable inspection period will be allowed

  
  

This is a simple form, but it carries significant consumer protection.

2. No Coercion, No Workarounds

The law explicitly prohibits tactics that undermine inspection rights, including:

• Unrealistically short inspection deadlines

• Contract clauses that restrict a buyer’s ability to withdraw based on findings

• Any pressure - direct or implied - to forgo inspections

  
  

That said, reasonable negotiation is still allowed. Buyers and sellers may agree to:

• Repair cost caps (for example, only renegotiating if repairs exceed a set dollar amount)

• Defined outcomes tied to inspection results

  
  

The goal is balance - not rigidity.

3. Enforcement and Consequences

Violations are treated as unfair or deceptive practices under Massachusetts General Laws Chapter 93A.

This can result in:

• Consumer complaints

• Financial penalties

• Legal exposure

  
  

Real estate professionals may also face disciplinary action by the Board of Registration of Real Estate Brokers and Salespersons.

In short, compliance is not optional - and transparency benefits everyone.

What This Means for Cape Cod Buyers

If you’re considering a home in Orleans, Eastham, Harwich, or along our coastline, this law works in your favor.

Key benefits for buyers include:

• Confidence without compromise

You can conduct a full inspection without weakening your offer.

• Time to make thoughtful decisions

A reasonable inspection window is especially valuable for out-of-state buyers coordinating schedules and travel.

• Stronger negotiation clarity

Inspection findings allow informed discussions around repairs or credits - particularly important for coastal properties.

While inspections remain optional, in a market where homes often represent significant investments, informed buyers are empowered buyers.

What This Means for Cape Cod Sellers

For sellers, this law is not a hurdle - it’s an opportunity.

Why transparency strengthens your position:

• Cleaner offer comparisons

No more weighing waiver-heavy offers against cautious ones.

• Reduced post-closing risk

Open inspections help prevent disputes after closing.

• Increased buyer confidence

Transparency attracts serious, qualified buyers who value your home for what it truly offers.

In Cape Cod’s nuanced luxury market, clarity is a concierge-level advantage.

Why This Law Matters in the Cape Cod Luxury Market

Cape Cod is not a typical real estate market. With elevated home values, flood zones, historic construction, and coastal exposure, inspections are especially important here. This legislation levels the playing field while preserving the integrity of high-end transactions.

It protects buyers relocating for lifestyle, honors sellers who have lovingly maintained their homes, and ensures deals close with confidence rather than regret.

Final Thoughts

The new Massachusetts Home Inspection Law marks a meaningful evolution in how real estate is practiced - one that aligns beautifully with the thoughtful, high-touch experience my clients expect.

Whether you’re buying your first Cape Cod retreat or preparing to sell a cherished family property, knowledge is your strongest asset.

I’m Sarah Keith, and I’d be happy to guide you through these changes with personalized insight and local expertise.

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Sarah Keith | Realtor® at Cape Cod Bliss brokered by eXp Realty Phone: 508-237-4745 | Email: sarah@capecodbliss.com 

Office Address: 60 Munson Meeting Way, Unit J, Chatham, MA 02633

Licensed in Massachusetts: License # 9557311

We are an Equal Housing Opportunity brokerage. Information deemed reliable but not guaranteed.