Massachusetts Mandatory Residential Home Inspection Disclosure

Massachusetts now requires home sellers and their agents to give buyers a Home Inspection Disclosure Form before or at the time an offer is signed.

This law—760 CMR 74.00, effective October 15, 2025 - protects buyers’ right to hire a licensed home inspector and ensures transparency in every real estate sale.

Why is this disclosure required?

The goal is to make sure buyers are fully informed and not pressured to waive inspections in competitive markets. It’s part of the state’s effort to create fair, transparent real estate transactions.

What do I need to do as a seller?

Here’s what’s required:

Provide the disclosure form to every potential buyer before or when they sign an offer. Make sure both parties sign to confirm it was received. Never require or encourage buyers to waive their inspection rights to make their offer stronger. Allow access for a licensed inspector if the buyer decides to move forward with an inspection.

Can I still accept an offer without an inspection?

Yes. Buyers can choose to waive the inspection voluntarily, but they must first receive and sign the official Home Inspection Disclosure. You just can’t make waiving it a condition of accepting their offer.

Are there any exceptions?

Yes. The rule doesn’t apply to:

• Transfers between family members 
• Sales resulting from divorce or estate proceedings 
• Foreclosures 
• Some new-construction sales that include builder warranties

If your transaction fits one of these categories, the disclosure may not be required.

What happens if I don’t provide the disclosure?

Failing to provide the required disclosure, or pressuring a buyer to waive inspection rights, can lead to violations under Massachusetts Consumer Protection Law (Chapter 93A).

It can also delay or derail a closing if the buyer raises a compliance issue later.

Why is this good for sellers?

This rule actually helps sellers, too:

It reduces legal risk and protects you from claims of misrepresentation. It builds trust and credibility with buyers. It creates a smoother closing process because everyone understands their rights upfront.

Bottom Line

If you’re selling a home in Massachusetts:

Always give buyers the Home Inspection Disclosure form. Make sure it’s signed and dated by both parties. Keep a copy for your records.

This simple step keeps you compliant and protects your sale.

How Can I get a Copy of the "Massachusetts Mandatory Residential Home Inspection Disclosure" Form?

We will provide you a copy of any Massachusetts disclosure form for free upon submitting a flat fee MLS listing through our website. We charge a low, one-time flat fee to list your home on the MLS.

Return to Massachusetts Real Estate Disclosure Requirements