Statement of Purpose

(1) St. 2024 c. 150, § 45 added a new section to M.G.L. c. 143 that requires the Executive Office of Housing and Livable Communities (EOHLC) to promulgate regulations to ensure that no Seller of a Residential Property, or an Agent thereof: (a) conditions the acceptance of an offer to purchase on the Prospective Purchaser's agreement to waive, limit, restrict or otherwise forego a Prospective Purchaser's right to have the structure or unit inspected, except when the sale is to occur at an Auction conducted by an Auctioneer licensed under M.G.L. c. 100; or (b) accepts an offer to purchase from a Prospective Purchaser, or an Agent thereof who, in advance of the Seller's acceptance of an offer, informs the Seller, either directly or indirectly, that the Prospective Purchaser intends to waive, in whole or in part, the Prospective Purchaser's right to a Home Inspection, subject to limited exemptions and other exemptions that may be established by EOHLC. (2) To effectuate St. 2024 c. 150, § 45, which is intended to protect the health, safety, and welfare of homebuyers and consumers, 760 CMR 74.00, also establishes a framework that requires the Seller in certain residential real estate transactions to disclose to Prospective Purchasers that they may have the home inspected.