Amendment ID: S2834-4-R1

Redraft Amendment 4

Protecting Home Inspections

Messrs. Moore, Durant, Timilty, Oliveira, Collins and Eldridge, Ms. Kennedy, Messrs. Keenan, Cronin and Gomez, Ms. Comerford, Messrs. Payano and Velis, Ms. Moran, Mr. Feeney, Ms. Rausch and Messrs. Montigny and Tarr move that the proposed new text be amended by inserting after section 44 the following section:-

“SECTION 44A. Chapter 143 of the General Laws is hereby amended by inserting after section 100 the following section:-

Section 101. The executive office of housing and livable communities shall promulgate regulations to ensure that no seller of a residential structure or a residential condominium unit, or agent thereof, shall: (i) condition the acceptance of an offer to purchase on the prospective purchaser’s agreement to waive, limit, restrict or otherwise forego any prospective purchaser’s right to have said structure or unit inspected, except when the sale of the structure or unit is to occur at an auction conducted by an auctioneer licensed under chapter 100; or (ii) accept an offer to purchase from any prospective purchaser, or agent thereof, who, in advance of the 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; provided, however, that the seller may accept such an offer without violating this section when the prospective purchaser is: (A) the spouse, sibling, child, parent, grandparent, grandchild, great-grandchild or great-grandparent of the seller; or (B) 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; provided further, that other limited exceptions may be provided for by regulation.”; and

In section 128, by inserting after the word “laws”, in line 2976, the following words:- “and section 101 of chapter 143 of the General Laws”.