On October 15, 2025, a pivotal regulation under the Affordable Homes Act took effect in Massachusetts, reshaping the norms of residential real estate transactions. Partners Noel DiCarlo and Dominic Poncia were heavily involved in their capacity as president and chair of conveyancing of the The Real Estate Bar Association, respectively, in providing substantive feedback and changes to the initial draft regulation, which we were fortunate that the regulators took into account when drafting the final regulation.
Under 760 CMR 74.00, sellers and their agents are now prohibited from conditioning the sale of a home on the buyer’s waiver of a home inspection. Offers that include such waivers may no longer be accepted.
This regulation applies to all residential properties, including single-family homes, condominiums, and co-ops, and mandates that buyers be given a reasonable period of time to conduct a licensed home inspection. A signed disclosure affirming this right must be exchanged prior to contract execution.
This reform is a significant step toward restoring fairness in competitive housing markets and ensuring informed decision making for buyers.
Our firm is closely monitoring the implications of this regulation for brokers, sellers, and buyers alike. For guidance on compliance or contract strategy, please reach out to us!
