In recent years, we’ve seen shifts in how residential real estate transactions are structured, especially regarding home inspections. A standout change: the growing use of mandated disclosure forms that protect buyers’ rights to inspect a property before purchase.

As of October 15, 2025, a new regulation under the Affordable Homes Act has taken effect in Massachusetts. A new mandatory form — called the  “Massachusetts Mandatory Residential Home Inspection Disclosure” — must be provided by the seller or listing broker to the buyer and signed by both at or before the signing of the first written contract, which is either an offer to purchase or a purchase and sale agreement.

Because the pandemic accelerated buyer demand and shortened transaction timelines, many buyers felt pressured to waive inspections or shorten contingencies just to make their offer more competitive. That increased the risk for buyers. The new law responds by removing sellers’ advantage in structuring “no inspection” conditions and restoring buyer protections.

• Applies to residential purchases of one to four units.
• The time period for conducting and deciding is negotiable between the buyer and seller and must be reasonable.
• The buyer does not have to conduct an inspection.
• The buyer can waive their right to an inspection after accepting their offer.

The combination of mandated home inspection disclosures and the behavioral shifts brought about by COVID marks a significant addition to a real estate transaction. The pandemic accelerated changes in our industry, including more virtual showings, increased buyer urgency, and heightened pressure on inspections (or their waiving). The new disclosure frameworks respond to that by protecting inspection rights, improving transparency, and leveling the playing field between buyers and sellers.

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