Avoiding Closing Delays:

While the regulation was designed to protect buyers, it also creates new risks for agents, attorneys, and lenders if disclosures aren’t handled correctly. A missing form or inconsistent provision in the purchase and sale agreement could delay — or even derail — a closing.

How Inspection Rules Affect the Closing Table

At closing, attorneys and lenders must ensure that all statutory disclosures are present and consistent with the contract. If the required inspection notice is missing, it may raise red flags:

• Title attorneys may delay disbursement until the compliance issue is fixed.
• Lenders could halt the transaction over concerns that state consumer protection laws were violated.
• Buyers may have leverage to walk away or renegotiate, citing failure to provide inspection rights.

Even a small oversight can snowball into days or weeks of delay, costing clients money and trust.

Tips for Agents and Attorneys

1. Update Your Templates Now
   Make sure every purchase and sale agreement, addendum, and disclosure packet includes the new inspection rights notice. Outdated templates are a recipe for problems later.
2. Communicate Early With Clients
   Prepare sellers to understand that inspection waivers are no longer permitted. Set buyer expectations about the timeline and scope of inspections to avoid disputes when deadlines arrive.
3. Double-Check Consistency
   Attorneys should cross-reference the purchase agreement and inspection disclosure to confirm the language matches. Conflicting terms — such as an old clause suggesting waiver — can create legal ambiguity.
4. Audit Before Closing Day
   Just as you would verify payoff statements and commission splits, add “inspection disclosure provided” to your pre-closing checklist. Catching errors early keeps the transaction moving.

The Risk Under Chapter 93A

Failure to comply with the new rules can be treated as an unfair or deceptive act under Massachusetts General Laws Chapter 93A. That means exposure not just to delays but to potential multiple damages and attorney’s fees in litigation. For professionals, ensuring compliance isn’t just about efficiency — it’s about risk management.