Upcoming Legal Changes to Home Inspections in Massachusetts: What Buyers Need to Know

The Massachusetts housing market is no stranger to fast-moving deals, waived contingencies, and ultra-competitive bidding. But in the rush to win homes, many buyers have unknowingly put themselves at significant risk—especially when waiving full home inspections in favor of rushed, pre-offer walkthroughs.

To address growing concerns over buyer protection, Massachusetts is preparing to enact important legal changes that will impact how home inspections are handled, particularly the use and regulation of pre-offer inspections.

Why Change Is Needed

In today’s market, buyers are often advised to waive inspection contingencies to make their offers more attractive to sellers. In response, many have turned to pre-offer inspections, which are limited, informal walkthroughs conducted before submitting an offer.

While these inspections can offer surface-level peace of mind, they often lack:

• Standardization
  
• Documentation
  
• Clear disclaimers
  
• Consumer protections
  
  

This has created a grey area in Massachusetts real estate—where buyers think they’re protected, but may not fully understand the limitations or legal implications of the inspection they received. The absence of regulation has raised alarms among inspectors, attorneys, and consumer advocates.

What’s Changing in the Law?

Massachusetts lawmakers—working alongside industry experts— have passed legislation and are drafting regulations that will:

• Prevent sellers from conditioning the acceptance of an offer based on the waiver or limitation of a home inspection
• Prevent the need for pre-offer inspections altogether.
• Perpetuate the already-existing state standards for what qualifies as a legitimate inspection
  
• Reinforce a buyer’s right to a comprehensive inspection
  
• Introduce legal accountability if real estate agents or individuals circumvent the law
  
  

These changes aim to empower buyers with better information, prevent misrepresentation, and ensure that fast-paced real estate deals don’t come at the cost of safety and long-term financial security.

The legislation is currently in review and is expected to take effect by June 15, 2025. MKC Home Inspection will keep clients and partners updated as soon as the regulations are promulgated. 

MKC’s Role in Leading the Reform

We’re proud to share that MKC Home Inspection is actively helping shape these new laws. As one of the most trusted names in home inspections across Massachusetts, we’ve seen firsthand how rushed, undocumented inspections can lead to major surprises and significant repair costs for unsuspecting buyers.

Through collaboration with local lawmakers, professional associations, and consumer advocates, MKC is:

• Advocating for buyer-first inspection standards
  
• Helping draft clear language around eliminating the need for pre-offer inspections and defining the regulations
  
• Sharing data and case studies that highlight gaps in the current system
  
  

We believe buyers deserve to be protected, even in a hot market—and we’re committed to pushing for laws that reflect that.

The Bottom Line

The upcoming legal changes to offer to purchase stage in the process of purchasing a home, where now it must include a home inspector if the buyer wants it,   are long overdue in Massachusetts and country-wide.—and they’re a win for buyers, ethical agents, and ethical inspectors alike. Whether you’re a first-time buyer or a seasoned homeowner, understanding your inspection rights is critical to protecting your investment.

If you have questions about how these changes could affect your home buying journey—or want to make sure you get a thorough, reliable inspection—reach out to MKC Home Inspection. We’re here to advocate for you, inform you, and inspect with integrity.