Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H245

Introduced
2/16/23  

Caption

Protecting consumer rights in purchasing safe and habitable homes

Impact

The proposed legislation is set to influence various aspects of real estate transactions in Massachusetts. By establishing a clear right to inspection, the bill seeks to enhance buyer confidence and promote transparency in the home buying process. This change is expected to reduce cases of buyer's remorse stemming from undiscovered defects that could severely impact the value and safety of their new home. Furthermore, the inclusion of specific consequences for sellers who fail to comply with the inspection provisions aims to motivate adherence to this law, thereby improving overall compliance and consumer protection.

Summary

House Bill 245, introduced by Representative Brian M. Ashe, aims to bolster consumer rights in the real estate market by ensuring that prospective home buyers are entitled to inspections before finalizing a purchase. The bill modifies Chapter 93 of the General Laws by mandating that sellers of residential structures or condominiums must allow buyers to have the property inspected within ten days of an accepted purchase offer. This right to inspection cannot be waived by the buyer at the request of the seller, ensuring a safeguard for buyers against potential undisclosed issues with the property.

Contention

While the bill is generally supported by consumer advocacy groups, there are concerns about how these provisions might affect sellers in a competitive housing market. Critics argue that requiring inspections might lengthen the buying process and complicate negotiations, particularly in areas where housing demand is high. Additionally, the responsibility for inspection costs falling on buyers could deter potential purchasers if they are already stretched financially. Nonetheless, proponents contend that the protection afforded to buyers far outweighs these drawbacks, as it aims to prevent future legal disputes arising from undisclosed property defects.

Companion Bills

MA S387

Similar To Protecting the rights of assisted living residents

MA S197

Similar To Protecting consumer rights in purchasing safe and habitable homes

MA H264

Similar To Relative to consumer rights of renters

MA H4474

Similar To Relative to consumer rights of renters

MA S2474

Replaced by Protecting consumer rights in purchasing safe and habitable homes

Previously Filed As

MA S197

Protecting consumer rights in purchasing safe and habitable homes

MA S2474

Protecting consumer rights in purchasing safe and habitable homes

MA H2019

To increase kennel safety, aka Ollie’s Law

MA H2196

Promoting patient safety and equitable access to care

MA H2197

To protect Massachusetts public health from PFAS

MA H489

Providing affordable and accessible high-quality early education and care to promote child development and well-being and support the economy in the Commonwealth

MA H378

Expanding wheelchair warranty protections for consumers with disabilities

MA H1232

Relative to family members serving as caregivers

MA H3681

Relative to transparency in private utility construction contracts

MA H262

Relative to the licensure of appraisers

Similar Bills

MA S197

Protecting consumer rights in purchasing safe and habitable homes

MA S2474

Protecting consumer rights in purchasing safe and habitable homes

MS SB2418

Home inspectors; allow to inspect new residential construction up to 14 days prior to close of sale.

MI HB5564

Housing: landlord and tenants; ordinances that place certain limitations on landlords; prohibit. Amends sec. 1 of 1988 PA 226 (MCL 123.411) & adds sec. 1a.

IN HB1025

Septic system inspection and well water testing.

CA AB854

Residential real property: withdrawal of accommodations.

NJ A2091

Establishes "Zero Energy Construction Act"; requires all new residential and commercial developments to be zero energy ready; requires developers to offer zero energy construction.

NJ S1170

Establishes "Zero Energy Construction Act"; requires all new residential and commercial developments to be zero energy ready; requires developers to offer zero energy construction.