Massachusetts Law Demands Full Disclosure of Home Defects to Protect Buyers

A new Massachusetts law aimed at safeguarding homebuyers from hidden structural issues is set to take effect this June, but real estate agents argue it strips crucial rights from both buyers and sellers. Part of the state’s broader Affordable Homes Act, the rule intends to increase transparency in home sales, though critics warn it could complicate an already tight market.

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Law Targets Hidden Issues

The newly implemented law, signed by Gov. Maura Healey in 2024, is designed to protect buyers from costly surprises by ensuring potential home defects, especially foundation problems, are disclosed upfront. It specifically addresses the growing problem of pyrrhotite-contaminated concrete foundations in Massachusetts homes.

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No More Inspection Waivers

A key provision of the law makes it illegal for home sales to be contingent on buyers waiving a home inspection. Supporters believe this move protects first-time buyers from unforeseen repair bills. However, real estate professionals fear it removes a vital negotiation tool that could help close sales quickly. “It is literally going to prohibit realtors from doing things that they are supposed to do,” said Anthony Lamacchia, CEO of The Lamacchia Companies and NAR’s 2025 Broker Relations Liaison…

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