Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S197 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1504 FILED ON: 1/19/2023
3	3	SENATE . . . . . . . . . . . . . . No. 197
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michael O. Moore
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act protecting consumer rights in purchasing safe and habitable homes.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Michael O. MooreSecond WorcesterJohn J. CroninWorcester and Middlesex2/1/2023John H. Rogers12th Norfolk2/1/2023Angelo J. Puppolo, Jr.12th Hampden2/1/2023Paul K. Frost7th Worcester2/8/2023Joanne M. ComerfordHampshire, Franklin and Worcester2/8/2023Daniel M. Donahue16th Worcester2/8/2023Brian W. Murray10th Worcester2/22/2023Jonathan D. Zlotnik2nd Worcester3/2/2023Jason M. LewisFifth Middlesex3/8/2023 1 of 4
16	16	SENATE DOCKET, NO. 1504 FILED ON: 1/19/2023
17	17	SENATE . . . . . . . . . . . . . . No. 197
18	18	By Mr. Moore, a petition (accompanied by bill, Senate, No. 197) of Michael O. Moore, John J.
19	19	Cronin, John H. Rogers, Angelo J. Puppolo, Jr. and other members of the General Court for
20	20	legislation to protect consumer rights in purchasing safe and habitable homes. Consumer
21	21	Protection and Professional Licensure.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act protecting consumer rights in purchasing safe and habitable homes.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. The General Laws are hereby amended by inserting after chapter 143 the
31	31	2following chapter:
32	32	3 CHAPTER 143A
33	33	4 INSPECTION OF CERTAIN RESIDENTIAL PROPERTY PRIOR TO SALE
34	34	5 Section 1. Notwithstanding any general or special law to the contrary, except as
35	35	6otherwise provided in this chapter, a prospective purchaser of a residential structure or a
36	36	7residential condominium unit shall have the right to have said structure or unit inspected by a
37	37	8home inspector licensed under section 222 of chapter 112, within ten days (or such longer period
38	38	9as seller and prospective purchaser may agree in writing) of the seller’s acceptance of an offer to
39	39	10purchase made by said prospective purchaser. 2 of 4
40	40	11 For the purposes of this chapter, an inspection shall mean the process by which a home
41	41	12inspector observes and provides, pursuant to the sale and transfer of a residential structure or
42	42	13residential condominium unit, a written evaluation of the following readily accessible
43	43	14components of the residential structure or, if a residential condominium unit, the unit and its
44	44	15associated common areas: heating, cooling, plumbing and electrical systems, structural
45	45	16components, foundation, roof, masonry structure, exterior and interior components and any other
46	46	17related residential housing components. Unless requested otherwise by the prospective purchaser
47	47	18in writing, an inspection shall conform in all respects with the regulations on the standards of
48	48	19practice promulgated by the Board of Registration of Home Inspectors.
49	49	20 Section 2. No seller of a residential structure or of a residential condominium unit, or
50	50	21agent thereof, shall condition the acceptance of an offer to purchase on the prospective
51	51	22purchaser’s agreement to waive, limit, restrict, or otherwise forego prospective purchaser’s right
52	52	23have said structure or unit inspected, other than when the sale of the structure or unit is to occur
53	53	24at an auction conducted by an auctioneer licensed under chapter 100.
54	54	25 No seller shall accept an offer to purchase from any prospective purchaser or agent
55	55	26thereof who, in advance of seller’s acceptance of said offer, informs the seller either directly or
56	56	27indirectly that the prospective purchaser intends to waive in whole or in part the prospective
57	57	28purchaser’s right to inspection, except that the seller may accept such an offer without violating
58	58	29this chapter when the prospective purchaser is (i) the spouse, sibling, child, parent, grandparent,
59	59	30grandchild, great-grandchild, or great-grandparent of the seller, or (ii) the former spouse of the
60	60	31seller and the sale of the structure or unit is being made pursuant to a judgment or order under
61	61	32chapter 208. 3 of 4
62	62	33 Each offer to purchase a residential structure or a residential condominium unit shall
63	63	34include the following: “Buyer is entitled under Chapter 143A of the General Laws to choose to
64	64	35have the premises inspected within ten days (or such longer period as Seller and Buyer may
65	65	36agree in writing) of Seller’s acceptance of Buyer’s offer to purchase, at Buyer’s expense. Unless
66	66	37one of the exceptions in Chapter 143A applies, neither Seller nor Buyer may make acceptance of
67	67	38this offer to purchase contingent upon waiver, limitation, or restriction of Buyer’s right to choose
68	68	39to obtain a home inspection. Should Buyer choose to have the premises inspected, if it is the
69	69	40inspector’s opinion that the premises contain serious structural, mechanical or other defects, and
70	70	41if the repair of such defects would cost Buyer in the aggregate more than the amount indicated
71	71	42by the Buyer herein ($________), then Buyer shall have the option of revoking this offer to
72	72	43purchase by written notice to the Seller and/or Seller’s agent within five business days of the date
73	73	44of the inspection (or such longer period as Seller and Buyer may agree in writing). Such notice
74	74	45shall be accompanied by a copy of the inspector’s opinion and a copy of cost estimates obtained
75	75	46by Buyer.”
76	76	47 Section 3. Nothing in this chapter shall be construed to require, mandate, or otherwise
77	77	48compel a prospective purchaser to obtain an inspection following the acceptance by the seller of
78	78	49an offer to purchase. The prospective purchaser’s right to obtain an inspection shall expire if no
79	79	50inspection occurs within ten days of the seller’s acceptance of a prospective purchaser’s offer to
80	80	51purchase (or such longer period as seller and prospective purchaser may agree in writing).
81	81	52 Section 4. Any seller who fails to comply with the provisions of this chapter shall be
82	82	53liable to the prospective purchaser for all damages caused by the failure to comply and, in
83	83	54addition, shall be subject to assessment of a civil penalty not to exceed four percent of the sale
84	84	55price of the structure or unit as recorded at the registry of deeds or ten thousand dollars, 4 of 4
85	85	56whichever is greater. A violation of this chapter by a person engaged in trade or commerce shall
86	86	57be an unfair and deceptive act or practice as defined in section two of chapter ninety-three A. A
87	87	58violation of this chapter by any person performing or attempting to perform an act authorized by
88	88	59any license under chapter one hundred twelve shall constitute a violation for which the licensee’s
89	89	60board of registration may take any action authorized thereunder. The attorney general may take
90	90	61such action as may be necessary to enforce the provisions of this chapter.
91	91	62 SECTION 2. This act shall take effect upon its passage.