The Home Inspection Gap:What Massachusetts’ New Rule Means for Homeowners

Written By Patricia O'Sullivan

Published by ResidWyz™ – Homeownership with a Master Plan
Updated: July 2025

Introduction: A Risky Shortcut Becomes a Legal Target

Between 2020 and 2022, desperate bidding wars and pandemic-era uncertainty pushed many homebuyers into a dangerous compromise: skip the inspection or lose the house.

Now, Massachusetts is stepping in. Effective October 15, 2025, sellers and their agents can no longer condition, encourage, or prioritize inspection waivers in a real estate deal. It’s a major consumer protection move—and a wake-up call for thousands of homeowners who already bought without one.

So what happens if you’re already living in a home you bought “as-is”?

This guide explains:

  • What the new law requires

  • What risks post-2020 buyers are carrying

  • How unpermitted work can affect your insurance, safety, and resale

  • And how to regain control—even if your inspection window has passed

The New Massachusetts Rule: What Changed?

As of October 15, 2025:

  • Sellers and listing agents cannot favor or require inspection waivers

  • A signed disclosure form is now required to confirm the buyer’s right to inspect

  • Buyers may still waive inspections, but only voluntarily—not under pressure

Key Provisions:

  • Applies to all residential sales, except:

    • Pre-construction/new builds

    • Family transfers or court-ordered sales

    • Foreclosures or REOs

  • Contracts that restrict inspection scope or timeline will come under scrutiny

Who Should Pay Attention?

This law impacts the whole market, but especially:

  • Buyers who waived inspections between 2020 and 2023

  • Sellers preparing to list homes with unpermitted or undocumented work

  • Agents, attorneys, and lenders who want to avoid future liability

The Real Risks of Buying Without an Inspection

1. Safety Hazards Hidden in Plain Sight

Homeowners who waived inspections are now finding:

  • Electrical risks (e.g., knob-and-tube, overloaded circuits, undersized service)

  • Moisture intrusion behind walls or around windows

  • Asbestos or lead in older finishes

  • Missing smoke detectors, handrails, or egress points

Some issues are repairable. Others are code violations—or worse, a fire or health hazard.

2. Unpermitted Work Comes With Big Baggage

Unpermitted renovations—especially in kitchens, basements, roofs, and additions—can cause:

  • Insurance denial or limited payouts

  • Town enforcement and retroactive code compliance

  • Resale red flags that lower offers or kill deals

  • Financing issues during refinancing or HELOC applications

If your town building department has no record of major work done, it’s your problem now—even if you didn’t do it.

3. Deferred Maintenance Accelerates Wear

Without professional guidance, key systems go unchecked:

  • Failing water heaters

  • Poor insulation and attic ventilation

  • DIY sump pumps

  • Improper grading or drainage

  • Aging HVAC with dirty filters or leaks

These issues drive up your cost to own and slowly reduce your property value.

What Smart Homeowners Can Do Now

Even if you bought years ago, you can take steps today to protect your asset.

Order a Post-Purchase Inspection

A “smart audit” helps uncover:

  • Safety concerns

  • Unpermitted modifications

  • Maintenance needs

  • Energy or code inefficiencies

This isn’t about blame—it’s about prevention and planning.

Audit Your Permits

Check your town’s online permit records. Match what was done to what was filed. If things are missing:

  • Ask about retroactive permitting

  • Consider filing a voluntary disclosure

  • Work with licensed pros to fix or certify key systems

Create a Disclosure Plan

If you may sell in the next 3–5 years:

  • Build a maintenance binder with receipts, work history, and photos

  • Hire professionals to bring questionable work up to code

  • Disclose clearly to future buyers—transparency builds trust and reduces legal exposure

Are There Any Upsides?

Surprisingly, yes—if you were lucky:

  • Some unpermitted work is structurally sound and code-compliant, just undocumented

  • You may have gotten a better deal by assuming the risk

  • If you improve and re-permit the space, you could boost resale value significantly

But this only pays off if you’re proactive. Sitting on unpermitted work invites insurance issues, town citations, or resale headaches.

What This Means for the Market

Buyers

  • No more pressure to waive inspections

  • Greater transparency and safer purchases

  • Inspection rights are back—and protected

Sellers

  • You’ll need to disclose more and prepare better

  • Pre-listing inspections may help manage buyer expectations

  • Be prepared for buyers to walk if serious defects surface

Agents and Lenders

  • Watch your language—inspection waivers can’t be encouraged

  • Educate clients about new timelines and disclosures

  • Expect more scrutiny on safety, permitting, and post-sale liability

Final Thoughts

Thousands of homeowners bought during an era when skipping inspections was the norm. Now, Massachusetts is making sure the next generation of buyers doesn’t have to gamble.

If you bought without an inspection, you’re not alone. You’re not doomed. But you do need a plan.

Let ResidWyz™ help you:

  • Understand your home’s true condition

  • Navigate unpermitted work

  • Create a roadmap for smart, value-boosting upgrades

Because owning a home isn’t just about living in it. It’s about protecting it—now and in the future.

Feeling Uncertain About Your Home?

Get your Free Smart Owner Post-Purchase Inspection Checklist

✅ Understand risks you may have missed
✅ Prioritize safety, energy, and legal fixes
✅ Plan smart improvements with confidence

Patricia O'Sullivan
Next

Staying Put Wasn’t the Plan… Now What?