What’s Changing in Massachusetts Real Estate Policy—and What It Means for You
Two significant policy updates have reshaped Massachusetts real estate in 2025—one concerning home inspections and another changing how rental broker fees are handled.
Both are aimed at improving fairness and transparency for consumers, but they also introduce new challenges for buyers, renters, and landlords navigating transactions without representation.
At Will House U, we’re helping clients stay protected, informed, and compliant—ensuring that while the landscape shifts, you never lose the guidance that makes a deal secure and successful.
1. Home Inspection Protections Took Effect October 15, 2025
As of October 15, 2025, sellers and listing agents can no longer require, request, or accept offers that depend on a buyer waiving a home inspection.
This rule change came in response to an increasingly competitive market where buyers often felt pressured to skip inspections to strengthen their offers. The new policy ensures that every buyer retains the right to a professional, independent home inspection—an essential safeguard in any purchase.
Additionally, home inspection contingencies will no longer be listed directly in an Offer to Purchase, as part of a broader effort by Massachusetts policymakers to promote equal opportunity and fairness in competitive offer situations. This aims to prevent offers from being judged based on inspection contingencies and to level the playing field among buyers.
What This Means:
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Buyers: You cannot be required or encouraged to waive a home inspection. You can still opt out, but only as your own voluntary decision and after an offer to purchase is accepted.
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Sellers: You must comply with updated disclosure requirements confirming you’re not conditioning offers on inspection waivers.
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Agents: All MLS listings and offer paperwork must align with the new regulation, including the separation of inspection contingency language from offer documents.
This law protects consumers, but it also adds new documentation steps and procedural complexity—another reason experienced representation remains important for smooth, compliant transactions.
2. Rental Broker Fee Law: Landlords Now Pay the Commission As Of August 1, 2025
The Massachusetts rental broker fee law, effective August 1, 2025, shifts who pays the brokerage commission. When a landlord hires a broker to market and lease a property, that landlord—not the renter—must pay the broker’s fee.
Renters will only pay a brokerage fee if they independently hire an agent to represent their search.
What This Means:
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Renters: You’ll no longer be automatically charged broker fees tied to the landlord’s listing agent.
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Landlords: If you hire a listing broker, you are responsible for paying that commission.
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Brokers: Agreements must clearly disclose who engaged the agent and who is paying the fee.
While the law reduces upfront costs for renters, it may also lead to more direct-to-landlord transactions—where tenants have no independent representation. Without a licensed agent guiding due process and navigating listing-side style, consumers risk exposure to unclear terms or deceptive practices.
How Will House U Is Helping Both Sides Stay Protected
At Will House U, we recognize the intent behind these changes—to make real estate more equitable and accessible—but we also see how they can leave gaps in representation and communication.
To support both sides of the rental market, we’re offering a 50% (of 1 Month's) brokerage fee discount for:
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Rental Listing Representation (for landlords and property managers marketing their units)
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Rental Tenancy Representation (for renters searching for their next home)
This helps keep costs manageable while ensuring you still have the professional guidance and protection these new regulations don’t replace.
Our Commitment
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Transparent pricing that reflects the new Massachusetts rental and inspection rules
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Guidance that helps you stay compliant, preferred, and protected from deceptive practices
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Full representation for both landlords and tenants during lease negotiations
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Modern marketing and streamlined processes for every listing
Work with Will House U
Whether you’re a landlord preparing to list a property or a renter planning your next move, Will House U helps you navigate these new policies with clarity, confidence, and reduced cost.
📞 Contact Will House U today to learn how these changes affect your next move and to take advantage of our 50% brokerage fee discount on rental services.
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