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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Pyrrhotite Problem Under Scrutiny
The legislation was driven by a serious issue affecting tens of thousands of homes in Worcester and Hampden counties, where pyrrhotite-laced concrete foundations have begun crumbling. In some cases, repair costs have soared up to $300,000. The law mandates more rigorous disclosure of such risks, aiming to spare buyers from devastating financial hits.
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Mixed Reaction From Buyers
Homebuyers like Tina Shukar welcome the law, saying it levels the playing field. “The problem is that I am competing against companies that do home flips,” she said, “and they use cash to buy properties and skip inspections and all that.” For buyers, the law offers an added layer of protection in a high-stakes market, reducing the risk of purchasing homes with hidden structural issues.
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Real Estate Industry’s Concern
Agents and brokers argue that the law might slow sales and reduce flexibility in negotiations. Lamacchia expressed frustration, stating, “You are supposed to convey what a buyer is trying to achieve. You are supposed to advocate for the advantages of the seller taking your buyer’s offer. Now, if a seller hears that or a listing agent hears that, they’re not supposed to accept that offer. It doesn’t make sense.” They also warn that cash buyers, who previously relied on the ability to waive inspections for fast deals, might pull back from Massachusetts’ expensive market.
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High Prices Add Pressure
With the state’s median single-family home price at $678,800 in May 2025, a 5.5% rise from last year, affordability challenges persist. Supporters insist the law is critical to protecting hefty investments in a costly market, while opponents caution it could further strain an already tense real estate environment.
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What Homeowners Should Expect
Homeowners preparing to sell may face longer transaction times and additional disclosure duties. While this boosts buyer protection, it could be burdensome for sellers needing quick closings. The law, originally sparked by the concrete foundation crisis, has now become a central piece of Massachusetts’ broader Affordable Homes Act, aiming for long-term housing security.
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