What if I sell the home to a family member?

While 760 CMR 74.00 is designed to protect most residential real estate transactions, it also recognizes that certain types of property transfers carry different circumstances. When selling to family members or handling estate planning, the law allows for specific exemptions.

Types of Exempt Family Transactions

The Massachusetts inspection rule exemptions include:

• Sales to Immediate Family Members: Such as parents, siblings, or children.
• Transfers to Former Spouses: Typically part of divorce settlements.
• Estate Planning Transfers: Including transfers to trusts or heirs for planning purposes.

Why Exemptions Exist

These exemptions are allowed because:

• Family transactions often involve existing trust and knowledge of the property.
• Estate planning aims to simplify asset transfers without traditional buyer-seller negotiations.
• The buyer and seller relationship differs from standard arm’s-length transactions.

However, sellers should still ensure proper documentation and legal compliance. For further clarification, visit the Massachusetts Board of Registration of Home Inspectors.

MKC Associates recommends consulting a real estate attorney to confirm whether your family transaction qualifies for these exemptions.