SENATE . . . . . . . . . . . . . . No. 2474
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The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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SENATE, October 19, 2023.
The committee on Consumer Protection and Professional Licensure, to whom was referred the petitions (accompanied by bill, Senate, No. 197) of Michael O. Moore, John J. Cronin, John H. Rogers, Angelo J. Puppolo, Jr. and other members of the General Court for legislation to protect consumer rights in purchasing safe and habitable homes; and (accompanied by bill, House, No. 245) of Brian M. Ashe and others for legislation to provide for a right to home inspections for buyers, reports the accompanying bill (Senate, No. 2474).
For the committee,
John J. Cronin
FILED ON: 10/16/2023
SENATE . . . . . . . . . . . . . . No. 2474
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The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act protecting consumer rights in purchasing safe and habitable homes.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. The General Laws are hereby amended by inserting after chapter 143 the following new chapter:-
CHAPTER 143A
INSPECTION OF CERTAIN RESIDENTIAL PROPERTY PRIOR TO SALE
Section 1. Notwithstanding any general or special law to the contrary, except as otherwise provided in this chapter, a prospective purchaser of a residential structure or a residential condominium unit shall have the right to have said structure or unit inspected by a home inspector licensed under section 222 of chapter 112, within ten days, or such longer period as seller and prospective purchaser may agree in writing, of the seller’s acceptance of an offer to purchase made by said prospective purchaser.
For the purposes of this chapter, an inspection shall mean the process by which a home inspector observes and provides, pursuant to the sale and transfer of a residential structure or residential condominium unit, a written evaluation of the following readily accessible components of the residential structure or, if a residential condominium unit, the unit and its associated common areas: heating, cooling, plumbing and electrical systems, structural components, foundation, roof, masonry structure, exterior and interior components and any other related residential housing components. Unless requested otherwise by the prospective purchaser in writing, an inspection shall conform in all respects with the regulations on the standards of practice promulgated by the Board of Registration of Home Inspectors.
Section 2. No seller of a residential structure or of a residential condominium unit, or agent thereof, shall condition the acceptance of an offer to purchase on the prospective purchaser’s agreement to waive, limit, restrict, or otherwise forego prospective purchaser’s right have said structure or unit inspected, other than when the sale of the structure or unit is to occur at an auction conducted by an auctioneer licensed under chapter 100.
No seller shall accept an offer to purchase from any prospective purchaser or agent thereof who, in advance of seller’s acceptance of said 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 inspection, except that the seller may accept such an offer without violating this chapter when the prospective purchaser is: (i) the spouse, sibling, child, parent, grandparent, grandchild, great-grandchild, or great-grandparent of the seller; or (ii) the former spouse of the seller and the sale of the structure or unit is being made pursuant to a judgment or order under chapter 208.
Each offer to purchase a residential structure or a residential condominium unit shall include the following: “Buyer is entitled under Chapter 143A of the General Laws to choose to have the premises inspected within ten days (or such longer period as Seller and Buyer may agree in writing) of Seller’s acceptance of Buyer’s offer to purchase, at Buyer’s expense. Unless one of the exceptions in Chapter 143A applies, neither Seller nor Buyer may make acceptance of this offer to purchase contingent upon waiver, limitation, or restriction of Buyer’s right to choose to obtain a home inspection. Should Buyer choose to have the premises inspected, if the results are not satisfactory to Buyer, in Buyer’s sole discretion, Buyer shall have the right to give written notice received by the Seller or Seller’s agent by 5:00 p.m. on the tenth day after Seller’s acceptance of Buyer’s offer to purchase (or such longer period as Seller and Buyer may agree in writing), terminating this agreement. Upon receipt of such notice this agreement shall be void and all monies deposited by the Buyer shall be returned. Failure to provide timely notice of termination shall constitute a waiver. In the event that the Buyer does not exercise the right to have such inspection(s) or to so terminate, the Seller and the listing broker are each released from claims relating to the condition of the Premises that the Buyer or the Buyer’s inspector could have reasonably discovered.”
Section 3. Nothing in this chapter shall be construed to require, mandate, or otherwise compel a prospective purchaser to obtain an inspection following the acceptance by the seller of an offer to purchase. The prospective purchaser’s right to obtain an inspection shall expire if no inspection occurs within ten days of the seller’s acceptance of a prospective purchaser’s offer to purchase, or such longer period as seller and prospective purchaser may agree in writing.
Section 4. Any seller who fails to comply with the provisions of this chapter shall be liable to the prospective purchaser for all damages caused by the failure to comply and, in addition, shall be subject to assessment of a civil penalty not to exceed four per cent of the sale price of the structure or unit as recorded at the registry of deeds or ten thousand dollars, whichever is greater. A violation of this chapter by a person engaged in trade or commerce shall be an unfair and deceptive act or practice as defined in section two of chapter 93A. A violation of this chapter by any person performing or attempting to perform an act authorized by any license under chapter 112 shall constitute a violation for which the licensee’s board of registration may take any action authorized thereunder. The attorney general may take such action as may be necessary to enforce the provisions of this chapter.
SECTION 2. This act shall take effect upon its passage.