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assachusetts' real estate market may soon see a shift in negotiating power for buyers and sellers. The Massachusetts Affordable Homes Act, signed into law by Gov. Maura Healey in 2024, includes a provision requiring realtors to allow home inspections before purchases can be made. Buyers can still opt out of inspections if their decision isn't influenced by the seller or agent, but they must receive written disclosure about this right.
The new law also mandates that buyers be informed that accepting an offer is not contingent on waiving a home inspection. The Greater Boston Real Estate Board has expressed concerns about the law's liability provisions and whether there are enough inspectors to meet future demand.
Critics argue that the law hinders negotiation between buyers and sellers by eliminating the option of waiving or limiting home inspections to secure better deals. Adrian Moore, vice president of policy at Reason Foundation, believes this approach is misguided: "It's saying it's bad for people to bargain and negotiate when buying and selling homes, which is insane."
The law appears to benefit home inspectors, who will now be hired for every transaction. State Sen. Michael Moore notes that the bill removes an option buyers once had, forcing them to choose between inspections or other considerations. Critics argue that this takes away individual rights in favor of a one-size-fits-all approach.
