Understanding the Home Inspection Process
A home inspection remains one of the most important steps in the homebuying (and selling) process. In Massachusetts a licensed home inspector will evaluate the property’s structure, systems, safety components (roof, foundation, plumbing, electrical, HVAC, insulation, etc.). The buyer receives a written report. A well done inspection helps uncover hidden issues, protect the buyer’s investment, and alert the seller to potential issues ahead of negotiations.
Why Home Inspections Matter for Buyers
As a buyer you want to make an informed decision; not a purely emotional one. A thorough inspection can identify serious issues (e.g., wiring problems, roof leaks, foundation settling, failing septic/Title V systems) that might lead to big expenses down the road. If major issues are found, you may have grounds to negotiate repairs, request credits, or even withdraw your offer depending on the contingency.
Why Home Inspections Matter for Sellers
Sellers can benefit by getting a pre‐listing inspection or at least understanding what issues might come up. That allows you to:
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Avoid surprises during buyer inspection reviews
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Price your home accurately
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Build confidence with potential buyers
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Potentially sell faster by showing full transparency
As someone working in the South Shore real estate market (Hanson, Whitman, East Bridgewater, Halifax etc.), I always recommend sellers consider at least a pre‐listing walk-through for older properties or those with past renovations.
What Does a Home Inspection Cost in Massachusetts?
Generally a home inspection in MA costs around $400 – $700, depending on size and complexity. Additional tests (radon, lead paint, asbestos, Title V septic) may cost extra. The cost is typically borne by the buyer unless otherwise agreed.
How to Prepare for a Home Inspection
If you’re a seller:
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Ensure access to basement, attic, attic hatch, electrical panel
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Replace burnt-out bulbs, fix small leaks, clear baseboards
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Provide documents / receipts for recent repairs or upgrades
If you’re a buyer:
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Attend the inspection in person if possible
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Ask the inspector questions about typical maintenance and future issues
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Make note of anything that may affect your budget (HVAC lifespan, roof condition, etc.)
The Big Change: New Massachusetts Law (Effective October 15, 2025)
One of the most important recent changes impacting both buyers and sellers in Massachusetts is the adoption of new regulation 760 CMR 74.00, under the umbrella of the Affordable Homes Act.
Here’s what it means:
What the law says
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Starting October 15, 2025, for most residential transactions (1-4 unit buildings, condos, co-ops) the seller or their agent cannot condition the acceptance of an offer on the buyer agreeing to waive or limit their right to a home inspection.
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The seller must provide a separate written disclosure, signed by buyer & seller, that states the buyer’s right to inspect and that their offer is not being accepted only because they waived inspection.
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Buyers still may choose to waive the inspection—but only after the disclosure and independently of any seller/agent pressure.
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Contract provisions that effectively render inspections meaningless (unreasonably short windows, forbidding deposit refunds if inspection finds problems, etc.) are prohibited.
Exemptions
Certain transactions are exempt from the regulation:
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Sales to or between family members, trusts or via inheritance/divorce orders.
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Newly constructed homes sold pre-substantial completion if the builder provides at least a one-year warranty.
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Contracts signed before Oct 15, 2025 are not subject to the new rule.
Why this was done
In recent years Massachusetts homebuyers, especially in hot markets around Boston/South Shore, were pressured to waive inspection contingencies in order to make their offers more attractive. The new regulation is intended to protect buyers from unexpected “money‐pit” surprises and level the playing field.
What this means for Buyers
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You have greater protection and cannot be pressured by the seller/agent to waive the inspection contingency just to have your offer considered.
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You still can waive, but only if you make that decision voluntarily and independently.
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The seller must give you the disclosure form and your negotiation should consider any major inspection findings.
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It reinforces the importance of an inspection as part of your due diligence before you commit.
What this means for Sellers / Listing Agents
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You cannot make an offer contingent on the buyer waiving inspection rights, nor accept an offer if the buyer indicates in advance they will waive.
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You must include the required disclosure form in the transaction paperwork and ensure your forms/contracts comply.
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Encouraging pre-listing inspections may be a smart strategy to avoid surprises and speed up closing.
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You’ll still want to price appropriately, market well, and present your home in the best possible condition, but now there is less of a “waiver” strategy available to drive offers.
What this means for Real Estate Professionals
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You must update your forms, team training, and processes to ensure compliance with 760 CMR 74.00.
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You must educate clients (both buyers and sellers) so they understand their rights and requirements under the new law.
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Failure to comply may trigger liability under Massachusetts consumer protection law (MGL Chapter 93A) or disciplinary action for licensees.
How This Impacts the South Shore Market
As a South Shore agent working in Hanson, Whitman, East Bridgewater, and surrounding towns, here are practical takeaways:
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Sellers in these towns should still look to do a strong pre-market preparation (repairs, staging, marketing) because buyers will expect transparent conditions and maybe less competition via inspection waivers.
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Buyers have improved protection and can be encouraged to leverage inspections as a negotiation tool rather than skip them.
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In investment and flip scenarios, inspection findings may have more weight in structuring offers and negotiations since the waiver option isn’t a differentiator.
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From a marketing standpoint: you can highlight that you “navigate the new inspection law” for clients, showing your expertise in compliance and consumer protection.
Work With a Realtor Who Understands the Process
With regulatory changes underway, having a local expert who knows the South Shore market and the latest laws is a huge advantage. I’m committed to guiding you through each step—listing, inspecting, negotiating, closing—with full transparency and integrity.
If you’re buying or selling a home in Hanson, MA or anywhere on the South Shore and want an agent who stays ahead of changes and protects your interests, reach out anytime.
