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Starting October 15, 2025, every residential real estate transaction in Massachusetts will include a new requirement under 760 CMR 74.00. Buyers and sellers must both sign a Home Inspection Disclosure Form provided by the Executive Office of Housing and Livable Communities (EOHLC).
This one-page form confirms that buyers have the right to conduct a home inspection after their offer is accepted and that this right cannot be waived or limited. It must be signed before or at the time of the first written contract, typically the Offer to Purchase or Purchase and Sale Agreement.
But what happens if one party refuses to sign it? Whether it is a hesitant seller, a confused buyer, or an uncooperative client, agents need to know how to respond. Failing to handle this properly could put your license, your brokerage, or the entire transaction at risk.
Here is a clear step-by-step guide on what to do if a client refuses to sign the Home Inspection Disclosure Form.
The first step is understanding the purpose of the form so you can explain it confidently. The Home Inspection Disclosure Form is not optional. It exists to:
Because inspection waivers were widely used in competitive markets before this regulation, the state now requires this form to prevent coercion or misunderstanding. Without it, the transaction could be deemed noncompliant.
Agent Tip: Speak about the disclosure as a standard part of the transaction, similar to the lead paint or agency disclosure forms, rather than as a negotiable term.
Many refusals happen because a client misunderstands what they are signing. Some sellers worry that it may force them to make repairs. Some buyers think it commits them to completing an inspection they might not want.
In reality, the form only confirms the right to inspect—it does not require repairs or force the buyer to act.
How to explain it to sellers: “This form simply acknowledges that the buyer has the right to an inspection after the offer is accepted. It does not require you to make repairs or agree to any requests.”
How to explain it to buyers: “You are not committing to having an inspection; you are confirming that you have the right to do so if you choose. This protects you and ensures the transaction complies with state law.”
Clear explanation often resolves hesitation.
If a client continues to refuse after explanation, the next step is to document the situation. Record in writing that you provided the form, explained its purpose, and that the client declined to sign.
This documentation should include:
Keep this record in your transaction file. If a regulatory issue arises later, this documentation will show that you acted in good faith.
Agent Tip: Email a short summary of the conversation to the client and your broker for your records.
Once a refusal occurs, escalate it to your broker or office compliance manager immediately. The broker of record is responsible for ensuring the brokerage’s transactions comply with 760 CMR 74.00.
Your broker may choose to contact legal counsel or the client’s attorney to reiterate that the form is a legal requirement. They may determine that the transaction cannot move forward until the disclosure is signed.
This step protects both you and your brokerage from disciplinary action under the Board of Registration.
It can be tempting to move forward to keep the deal alive, especially in a tight market, but that is a serious mistake. Proceeding without the signed form exposes you and your client to legal risk.
The law explicitly states that the disclosure must be executed before or at the time of the first written contract. Without it, the transaction does not meet the requirements of 760 CMR 74.00.
If a deal closes without the disclosure, it could later be challenged as a violation of Massachusetts consumer protection law (Chapter 93A). That could lead to penalties, complaints, or even license review.
Agent Tip: Never accept verbal assurances that the form will be signed later. The regulation requires it to be completed at the time of the offer or earlier.
If a client still refuses to sign, advise them to consult a qualified real estate attorney. This demonstrates professionalism, protects you from giving legal advice, and helps the client understand the implications of their decision from a trusted source.
Provide contact information for local real estate attorneys or refer them to the Massachusetts Association of Realtors legal hotline if applicable.
If the client continues to refuse even after being informed and advised, you may need to withdraw from representation. Continuing with a noncompliant client could jeopardize your license and expose your brokerage to liability.
While walking away is never ideal, maintaining compliance with state law must come first.
The Home Inspection Disclosure Form is now a mandatory part of every Massachusetts residential real estate transaction after October 15, 2025. Refusal to sign it is not a negotiable issue—it is a compliance issue.
Agents must approach these situations with clear communication, thorough documentation, and strong adherence to procedure. Explain the purpose, escalate when needed, and never proceed without a signed form.
By handling refusals correctly, you protect yourself, your brokerage, and your clients, while ensuring every transaction meets the transparency and fairness goals of 760 CMR 74.00.
Contact MKC Associates to schedule your home reinspection and keep the purchase process moving quickly!
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