Message from Managing Partner Erin L. Nunes, Esq.
A recent change in Massachusetts law has introduced new home inspection requirements that could impact estate planning strategies involving real estate transfers. Designed to increase transparency and safety in property transactions, the law mandates specific inspection protocols that now apply not only to traditional sales, but also to certain intra-family transfers and estate distributions. For estate planners, fiduciaries, and heirs alike, this development raises important considerations about timing, compliance, and potential costs. Understanding how the new inspection law intersects with estate planning is essential for ensuring a smooth and legally sound transfer of property. Please take a moment to read the following article from Cortney Jimenez, a member of our estate planning team who is also a realtor with Keller Williams – South Watuppa.
Understanding Massachusetts’ New Home Inspection Law and Its Impact on Estate Planning Transfers
Effective October 15, 2025, Massachusetts has enacted a significant change in residential real estate transactions with the introduction of a new home inspection law. This legislation aims to protect buyers’ rights by ensuring they have the opportunity to conduct home inspections before finalizing a purchase. However, it’s important to note that certain transactions, particularly those involving estate planning transfers to relatives, are exempt from this requirement.
Overview of the New Home Inspection Law
The new law is part of the Affordable Homes Act (Chapter 150 of the Acts of 2024) and is detailed in 760 CMR 74.00. It mandates that sellers of residential properties must allow prospective buyers a reasonable period to conduct home inspections. The intent is to prevent situations where buyers are pressured into waiving their right to an inspection, thereby ensuring they can make informed decisions about their potential investment.
Under the law, sellers and their agents are prohibited from conditioning the acceptance of an offer on the buyer’s agreement to waive, limit, or forgo the right to a home inspection. Additionally, sellers cannot accept offers from buyers who have indicated an intention to waive the inspection right, unless the buyer is a close family member or a former spouse in a divorce-related sale.
Exemptions for Estate Planning Transfers
Notably, the law does not apply to certain transactions, including:
• Transfers between family members
• Divorce-related sales
• Certain estate planning transfers to relatives
• Foreclosures and auction sales
• Pre-construction sales with a one-year warranty
These exemptions are particularly relevant for individuals engaged in estate planning, as they allow for the transfer of property within families without the constraints imposed by the new inspection requirements.=
Impact on Estate Planning
For those involved in estate planning, the exemption is beneficial. It permits the transfer of real property to heirs or beneficiaries, or trusts, without the need for a home inspection, streamlining the process and reducing associated costs and delays. This is especially pertinent for individuals looking to pass on property through mechanisms such as trusts or direct transfers to family members.
However, it’s crucial to ensure that such transfers are properly documented and comply with all relevant legal requirements to avoid future disputes or complications. Consulting with a qualified estate planning attorney can provide guidance tailored to individual circumstances.
Key Takeaways
• Mandatory Inspections: The new law requires sellers to allow buyers a reasonable period for home inspections, aiming to protect buyer rights.
• Exempt Transactions: Certain transfers, including those for estate planning purposes, are exempt from these requirements.
• Estate Planning Benefits: The exemption facilitates smoother property transfers within families, aiding in effective estate planning.
• Legal Compliance: Proper documentation and adherence to legal procedures are essential to ensure the validity of exempt transactions.
As this law takes effect, individuals engaged in estate planning should review their strategies to ensure compliance and to take advantage of the exemptions available. Professional legal advice is recommended to navigate the nuances of these changes effectively.
©Surprenant & Beneski, P.C. 35 Arnold Street, New Bedford, MA 02740, 336 South Street, Hyannis MA 02601 and 45 Bristol Drive, Easton MA 02375. This article is for illustration purposes only. This article does not constitute legal advice. There is no attorney/client relationship created with Surprenant & Beneski, P.C. by this article. DO NOT make decisions based upon information in this article. Every family is unique and legal advice can only be given after an individual consultation with an elder law attorney. Any decisions made without proper legal advice may cause significant legal and financial problems.
