Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S197

Introduced
2/16/23  

Caption

Protecting consumer rights in purchasing safe and habitable homes

Impact

The bill introduces Chapter 143A to the General Laws, which provides detailed regulations surrounding home inspections and the responsibilities of sellers. Notably, it prohibits sellers from requiring buyers to waive their right to an inspection and specifies the conditions under which buyers can revoke their purchase offer based on inspection findings. This represents a significant shift in consumer protection within real estate transactions, as it places greater responsibility on sellers to disclose property conditions and ensures buyers have necessary protections against undisclosed defects.

Summary

Senate Bill S197, titled 'An Act protecting consumer rights in purchasing safe and habitable homes', aims to enhance the rights of consumers buying residential properties by mandating inspections prior to the sale. It specifically states that prospective purchasers of residential structures or condominiums are entitled to have the property inspected by a licensed home inspector within a specified timeframe after an offer to purchase has been accepted. This is intended to ensure that buyers are informed of the condition of the property before finalizing their purchase.

Contention

However, the bill has not come without its controversies. Some real estate professionals and sellers have expressed concerns that mandated inspections could delay transactions and impose additional costs on sellers. There is apprehension that while the bill aims to protect buyers, it may inadvertently create barriers in the housing market or reduce the willingness of homeowners to sell. The discussions surrounding the bill highlight a tension between consumer protection and the operational realities of real estate transactions, suggesting that further refinements may be necessary to balance these interests effectively.

Companion Bills

MA S387

Similar To Protecting the rights of assisted living residents

MA H245

Similar To Protecting consumer rights in purchasing safe and habitable homes

MA H264

Similar To Relative to consumer rights of renters

MA S2474

Similar To Protecting consumer rights in purchasing safe and habitable homes

MA H4474

Similar To Relative to consumer rights of renters

Previously Filed As

MA S1555

Relative to chief probation officers

MA S265

Protecting personal identifying information

MA S1429

Relative to dental hygienists

MA S198

Protecting personal identifying information

MA S841

Resolve relative to public higher education credit transfers

MA S267

Updating the unit pricing exemption threshold

MA S1743

Relative to the Massachusetts Fire Training Council

MA S269

Relative to retail liquor sales to caterers

Similar Bills

MA H245

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.

MI SB0883

Housing: landlord and tenants; reuse of certain tenant screening reports; allow. Amends title & sec. 1 of 1972 PA 348 (MCL 554.601) & adds secs. 1c, 1d, 1e & 1f.

MI HB5605

Housing: landlord and tenants; acceptance of reusable screening report; provide for. Amends title & sec. 1 of 1972 PA 348 (MCL 554.601) & adds secs. 1c, 1d, 1e & 1f.

IN HB1025

Septic system inspection and well water testing.

OR HB2203

Relating to the safety of behavioral health workers; declaring an emergency.

CA AB854

Residential real property: withdrawal of accommodations.