What Brookline Buyers and Sellers Need to Know
Effective October 15, 2025, Massachusetts is implementing a new home inspection law that significantly changes the home-buying process. This law – part of the 2024 Affordable Homes Act – aims to protect buyers’ rights to a home inspection and was created in response to the ultra-competitive pandemic-era real estate market.
In hot markets like Brookline, it became common for buyers to waive home inspection contingencies to make their offers more attractive, sometimes leading to costly surprises after closing. The new regulations seek to level the playing field and ensure every buyer has a fair chance to inspect a property before fully committing.
Below is a detailed overview of what this law means for both homebuyers and sellers in Brookline.
Key Changes at a Glance
Buyers’ Right to Inspect – Every buyer now has an explicit right to a professional home inspection before purchase. Sellers cannot require or pressure buyers to waive this right as a condition of having their offer accepted. Even in a bidding war, buyers can’t be asked to skip the inspection just to compete.
No Waiving Inspections in Offers – Sellers are prohibited from accepting any offer that is contingent on waiving a home inspection. Likewise, buyers (and their agents) should not signal any intent to waive an inspection when making an offer. In short, the once-common practice of “no inspection” offers is now outlawed.
Mandatory Disclosure Form – Sellers (and their listing agents) must provide a new state-mandated disclosure form to every prospective buyer, affirming the buyer’s right to a home inspection. This “Massachusetts Mandatory Residential Home Inspection Disclosure” must be signed by both seller and buyer before any offer is formally accepted.
Applies to 1–4 Unit Residential Sales – The law covers single-family homes, condos, and multi-family buildings with up to four units. (Condo units are included regardless of the overall building size, and co-op apartments are included as well.) Larger commercial or multi-unit buildings (5+ units) are generally exempt.
Effective Date – The requirements apply to any residential real estate contract entered on or after October 15, 2025. Contracts signed before that date aren’t subject to the new rule, but virtually all new deals going forward must comply.
Buyers’ Right to a Home Inspection – No More Pressure to Waive
Under the new law, every homebuyer has the right to obtain a home inspection, and that right cannot be waived or restricted as a condition of the sale.
This means sellers and agents cannot require or encourage buyers to waive an inspection in order for an offer to be considered. In the past, buyers often felt compelled to waive inspection contingencies to win bidding wars. This practice is now explicitly forbidden as an “unfair or deceptive” tactic.
Sellers also cannot accept an offer that indicates a buyer intends to waive the inspection. Even if a buyer wants to waive it to appear competitive, the seller is not allowed to proceed with such an offer. Offers must include the option for a home inspection — whether the buyer ultimately uses it or not.
Buyers still have the choice not to conduct an inspection, but only after they are under contract. The law does not force anyone to actually get an inspection; it simply ensures the opportunity is there.
This removes a major pressure point. Buyers no longer have to choose between making a strong offer and protecting themselves. In competitive Brookline sales, this change helps level the playing field for all participants.
New Mandatory Home Inspection Disclosure Form
Every seller (or their listing agent) must provide the Massachusetts Mandatory Residential Home Inspection Disclosure Form to prospective buyers. Both parties — seller and buyer — must sign it before entering into a purchase contract.
This document clearly explains:
- The buyer’s right to a licensed home inspection
- The seller’s confirmation that no inspection waiver has been requested
- The buyer’s reasonable right to time and access for inspection
Failure to provide or sign this disclosure carries legal consequences under M.G.L. Chapter 93A, Massachusetts’ consumer protection law. Agents are subject to strict liability — meaning intent doesn’t matter — and can face fines, damages, or license action if they fail to comply.
No More “Waive Inspection” Offers
Sellers can no longer advertise or demand “no inspection” offers. They also cannot counter-offer by removing an inspection clause or accept any offer that waives it. Buyers are likewise prohibited from presenting offers that exclude inspection rights.
This ensures all parties enter transactions transparently and with full awareness of the property’s condition.
Reasonable Inspection Periods and Negotiation Flexibility
While inspections are mandatory to allow, the terms must be reasonable. For example, allowing only 24 hours to complete an inspection would violate the law because it effectively prevents the inspection from happening.
Typical inspection windows of 7–10 days are considered reasonable. Buyers and sellers can also negotiate thresholds — for example, only backing out if total repairs exceed $5,000 — as long as the clause isn’t overly restrictive.
Exemptions
The law does not apply to:
- Transfers between family members or as part of divorce settlements
- Certain estate planning transfers to relatives
- Foreclosure and auction sales
- Pre-construction new homes sold before completion (with a one-year warranty)
Nearly all standard Brookline residential sales (1–4 units) will fall under the law.
Penalties for Non-Compliance
Violating the law can result in:
- Chapter 93A consumer protection claims (triple damages and attorney’s fees)
- Agent discipline (including license suspension or revocation)
- Seller liability, especially for professional flippers or developers
These penalties underscore the seriousness of compliance for both sellers and real estate professionals.
Practical Tips for Buyers and Sellers
For Buyers:
- Exercise your inspection right — don’t waive it.
- Hire a reputable, licensed Massachusetts home inspector.
- Plan early so inspections can be completed within the typical 7–10 day window.
For Sellers:
- Prepare and sign the state’s inspection disclosure form before accepting any offers.
- Anticipate inspections and allow fair access.
- Work with your agent to ensure all procedures comply with the new regulations.
Conclusion
The 2025 Massachusetts Home Inspection Law represents a major step toward fairness, transparency, and consumer protection in real estate.
For buyers, it guarantees the ability to inspect before committing. For sellers, it establishes clear procedures and protects against future disputes. Ultimately, it helps ensure that the home you buy is truly the home you expect — without surprises hidden behind the walls.
About Elad Bushari
Elad Bushari is a licensed real estate broker, industry advisor, and market analyst based in Brookline, Massachusetts. As Executive Vice President at Compass and founder of Bushari Real Estate (acquired by Compass), Elad has represented hundreds of Greater Boston buyers, sellers, and developers. He frequently authors consumer guides and market analyses aimed at promoting transparency and informed decision-making in residential real estate.
Disclosure
The information provided in this article is for general informational purposes only and should not be construed as legal advice. Readers should consult with a qualified Massachusetts real estate attorney regarding their specific circumstances.
Elad Bushari is a licensed real estate broker in Massachusetts and not an attorney.
