A New Consumer Protection in Massachusetts Real Estate
The Massachusetts real estate market has long been a challenging arena, especially for first-time buyers. With fierce competition and rising property values, many buyers have felt compelled to waive critical contingencies—including home inspections—to secure a deal. But now, thanks to Massachusetts Bill S.2474, also known as An Act Protecting Consumer Rights in Purchasing Safe and Habitable Homes, those days may be coming to an end.
At Percy Law Group, PC, our experienced real estate attorneys are closely tracking this legislation and advising clients on what it means for future transactions. If you’re buying or selling a home in the Commonwealth, understanding your rights under this law is crucial.
What Is Massachusetts Bill S.2474?
Introduced in response to growing concerns over buyer vulnerability in competitive markets, Bill S.2474 aims to restore balance by guaranteeing the right to a home inspection before a residential real estate purchase.
The core of the bill is simple but powerful: it prohibits sellers from conditioning the acceptance of an offer on the buyer waiving their right to a home inspection. This legislation ensures that buyers are no longer forced to choose between protecting their financial interests and staying competitive in a bidding war.
Key Provisions of Bill S.2474
1. Mandatory Right to Inspection
Buyers are entitled to a professional home inspection within a specified window (typically 10 days) after their offer is accepted. This applies to most residential real estate transactions, including single-family homes, multi-family units, and condominiums.
2. No Waiver as a Condition of Sale
Sellers cannot require buyers to waive this right as a condition of sale. Such tactics were common in recent years but are now illegal under the proposed legislation.
3. Narrowly Defined Exceptions
There are limited exceptions:
- Properties transferred between immediate family members
- Foreclosure or auction sales
- Certain transfers involving trusts or estates
Even in these cases, buyers are strongly encouraged to obtain a home inspection—and Percy Law Group, PC can help ensure your rights are respected.
4. Penalties for Noncompliance
Violating Bill S.2474 can carry steep consequences:
- Civil penalties up to 4% of the sale price or $10,000, whichever is greater
- Classification as an unfair or deceptive practice under Chapter 93A of the Massachusetts General Laws
This gives teeth to the legislation, reinforcing its intent to protect consumers from exploitation.
Why This Bill Matters: The Rise of Risky Waivers
In hot housing markets like Boston, Worcester, and Lowell, it became common practice for buyers to waive inspections to outcompete others. While this helped offers stand out, it often came at a steep cost.
Structural issues, mold, electrical hazards, faulty HVAC systems, and roof damage are just a few of the high-risk problems that can be missed without a professional inspection.
Percy Law Group, PC has worked with countless clients who unknowingly purchased homes with hidden defects—some of whom faced tens of thousands of dollars in repairs. Bill S.2474 is a critical step toward ending that cycle.
How This Law Empowers Buyers
This bill is more than a regulatory change—it's a consumer empowerment tool. Here’s how:
- Leveling the Playing Field: First-time and lower-income buyers are no longer disadvantaged by refusing to waive inspections.
- Transparency and Accountability: Sellers must disclose conditions and cannot use legal loopholes to hide defects.
- Reduced Litigation Risk: When buyers are informed, the likelihood of post-sale legal disputes declines.
With the right legal team—like the professionals at Percy Law Group, PC—buyers can use this law to make more informed, confident decisions in real estate transactions.
Legal Insight: What Sellers Should Know
If you’re a seller in Massachusetts, don’t panic—Bill S.2474 doesn’t eliminate your ability to sell quickly. But it does require a shift in mindset:
- Transparency is key: Be honest and proactive about your property’s condition.
- Consult a real estate attorney: Work with firms like Percy Law Group, PC to craft offers and disclosures that comply with the new requirements.
- Inspections don’t kill deals—they foster trust and reduce post-closing liability.
What’s Next for Bill S.2474?
As of early 2025, Massachusetts Bill S.2474 has gained significant legislative traction and public support. Legal observers and real estate professionals widely anticipate that it will become law in the coming months, if not sooner.
Even before its formal adoption, Percy Law Group, PC recommends that both buyers and sellers begin adjusting their practices now. Proactively respecting the principles behind the bill is not only smart but positions you as a responsible party in any transaction.
Percy Law Group, PC: Advocates for Homebuyer Protection
At Percy Law Group, PC, we believe that knowledge is power—especially when it comes to real estate. Our attorneys have deep experience in residential transactions, home inspections, buyer representation, and litigation. We’ve seen how skipping inspections can lead to heartache, and we’re proud to support legislative efforts like S.2474.
Whether you're:
- A buyer wanting to assert your right to an inspection
- A seller preparing to list under the new legal landscape
- Or a real estate professional needing clear legal guidance
…our team is ready to help. We provide the expertise, advocacy, and legal protection you need to buy or sell with confidence in Massachusetts.
Final Thoughts: Your Rights, Your Future
Massachusetts Bill S.2474 is a long-overdue update to the state’s real estate laws, offering powerful protection for buyers and reinforcing ethical standards in home sales. It affirms a fundamental truth: every person deserves the right to purchase a safe and habitable home.
Don’t go into a real estate transaction unprepared. Contact Percy Law Group, PC today to understand your rights and responsibilities under this new law. Our attorneys are here to ensure your biggest investment is protected—now and in the future.
Call us today at (508) 206-9900 or visit our website to schedule your confidential consultation.