Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2474

Introduced
10/19/23  

Caption

Protecting consumer rights in purchasing safe and habitable homes

Impact

Implementation of S2474 will fundamentally alter the transaction processes in residential real estate within Massachusetts. By codifying the right to home inspections, the bill intends to create a more informed buyer marketplace, which could lead to fewer disputes over property conditions after purchase. Additionally, the bill seeks to prevent sellers from making acceptance of offers contingent upon buyers waiving their right to inspection, thus directly addressing potential exploitative practices that could undermine consumer rights.

Summary

Senate Bill S2474, titled 'An Act protecting consumer rights in purchasing safe and habitable homes,' establishes new rights for prospective buyers of residential properties and condominiums. The bill mandates that buyers have the right to arrange for an inspection of the property by a licensed home inspector within ten days of the seller's acceptance of their purchase offer. This provision aims to empower buyers to evaluate critical components of the property, such as plumbing, electrical, and structural integrity, before finalizing the sale. The intent behind the bill is to enhance consumer protection in the home-buying process and mitigate the risks associated with purchasing substandard properties.

Conclusion

Overall, Senate Bill S2474 represents a significant legislative effort to protect consumers in the Massachusetts housing market. By balancing the rights of buyers with the operational concerns of sellers, the bill has the potential to foster a more equitable real estate environment. Its successful passage will depend on addressing the concerns raised during the legislative discussions while adhering to the overarching goal of ensuring safe and habitable homes for all purchasers.

Contention

While S2474 aims to enhance consumer protection, there may be contentions among stakeholders regarding the level of burden it places on sellers and real estate agents. Real estate professionals may argue that obligatory inspections could complicate and prolong the sales process, potentially discouraging offers from buyers who are apprehensive about unexpected inspection outcomes. Furthermore, there might be concerns about the implications of civil penalties prescribed for non-compliance by sellers, which some may deem excessive or punitive in nature.

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 H4474

Similar To Relative to consumer rights of renters

MA S197

Replaces Protecting consumer rights in purchasing safe and habitable homes

Similar Bills

MA S197

Protecting consumer rights in purchasing safe and habitable homes

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 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.

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.

NJ S2302

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 A1440

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