If you’re selling your home without an agent in Massachusetts, there’s an important new law you need to understand.
Don’t worry — it’s straightforward, and this guide will walk you through everything you need to do to stay compliant and protect yourself.
What Changed Under the New Law
Massachusetts recently enacted a new home inspection disclosure law (760 CMR 74.00) as part of the Affordable Homes Act. Here’s what it means for you as a For Sale By Owner (FSBO) seller:
The bottom line: You cannot require or encourage buyers to skip the home inspection. And buyers now have a legal right to inspect your property before finalizing the purchase.
Specifically:
- You cannot accept offers where buyers agree upfront to waive their inspection
- You must provide buyers with a written disclosure confirming their right to have a home inspection
- Both you and the buyer must sign this disclosure before or when you sign the first written contract (typically the Offer to Purchase)
- The inspection must be done by a licensed Massachusetts home inspector
- Buyers can still choose not to inspect — but only after they’ve received the disclosure and without any pressure from you
Some sales are exempt from this law, including:
- Sales to family members or due to divorce
- Foreclosures
- Certain new construction sales with warranties
- Transactions that were fully signed before October 15, 2025
Your Key Responsibility: Providing the Disclosure Form
Here’s the most important thing to remember: You, as the seller, must prepare and provide the disclosure form to the buyer.
Take a moment, download the form now.
Since you don’t have a listing agent to handle this for you, this becomes your responsibility. Here’s what you need to do:
- Download the official form from Mass.gov — it’s a single-page document called the “Massachusetts Mandatory Residential Home Inspection Disclosure”
- Fill in the property address at the top of the form
- Provide it to the buyer (or their agent if they have one) before or at the time you both sign the first written contract — usually the Offer to Purchase
- Both you and the buyer must sign it — make sure you get their signature
- Keep a signed copy for your records with all your other transaction documents
That’s it. No form, no deal — so make this part of your standard practice when accepting offers.
Understanding the Inspection Process
Under this new law, buyers have the right to:
- Hire a licensed home inspector after you’ve both signed the contract
- Have a “reasonable period of time” to complete the inspection
- Decide whether to proceed with the purchase based on the inspection results
This means buyers can potentially walk away from the deal if the inspection reveals issues they’re not comfortable with. Think of it as a built-in safety net for buyers.
Can Buyers Still Agree to Limits?
Yes — the law doesn’t prevent all negotiations around inspections. You and the buyer can still agree to reasonable limits, such as:
- A repair cost threshold (for example, the buyer can only withdraw if repairs exceed $20,000)
- Specific time limits for completing the inspection
- Limits on which issues count toward cancellation rights
The key difference: The buyer must still receive the disclosure and have the opportunity to inspect. You’re negotiating what happens after inspection, not whether they can inspect at all.
What About “As-Is” Sales?
You can still sell your home “as-is” — meaning you won’t make repairs. However, buyers still have the right to inspect and decide if they want to proceed. They just can’t expect you to fix anything.
The inspection disclosure must still be provided even for as-is sales.
Common Questions
Q: What if the buyer doesn’t want an inspection?
A: That’s their choice — but only after you’ve given them the disclosure form and they’ve signed it. They can’t waive it in the initial offer.
Q: When exactly do I need to provide this form?
A: Before or at the signing of the first written contract. Most sellers provide it along with the Offer to Purchase documents.
Q: What if I forget to provide the form?
A: This is legally required, and violations can be enforced under Massachusetts consumer protection laws (M.G.L. c. 93A). Don’t skip this step — it could put your entire sale at risk.
Q: Do I need to hire an inspector myself?
A: No — the buyer hires and pays for their own inspector. You just need to provide the disclosure form and allow access to the property for the inspection.
Quick Checklist for FSBO Sellers
✅ Download the official disclosure form from Mass.gov
✅ Fill in your property address
✅ Provide the form to buyers when you receive their offer
✅ Get both signatures — yours and the buyer’s
✅ Keep a signed copy with your transaction documents
✅ Allow reasonable access for the buyer’s inspection
✅ Never pressure buyers to skip or limit their inspection
Why This Law Exists
The Massachusetts legislature created this law to protect home buyers from feeling pressured to waive inspections in competitive markets. In recent years, many buyers skipped inspections to make their offers more attractive — and sometimes discovered costly problems after closing.
This law levels the playing field and ensures buyers can make informed decisions.
Bottom Line
Selling your home without an agent means you’re taking on responsibilities that an agent would typically handle. This disclosure form is one of them — but it’s simple and straightforward.
Just remember: provide the form early, get it signed, and never discourage buyers from inspecting your property. Follow these steps, and you’ll stay compliant while protecting both yourself and your buyers.
Need the form? Download it here: Massachusetts Mandatory Residential Home Inspection Disclosure