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When a Home Sale Falls Through: What Massachusetts Buyers and Sellers Can (and Should) Do Next

When a Home Sale Falls Through: What Massachusetts Buyers and Sellers Can (and Should) Do Next

When a Home Sale Falls Through

What Massachusetts Buyers and Sellers Can (and Should) Do Next

In Massachusetts, even a well-planned home sale can fall apart at the last minute. Financing issues, appraisal gaps, inspection disputes, or sudden buyer’s remorse can bring a transaction to a halt — leaving both sides uncertain about their next steps.

When that happens, knowing your legal rights and obligations becomes critical. A skilled Massachusetts real estate attorney can help you protect your interests, recover deposits, and decide whether to renegotiate or walk away. Here’s what to do if your deal doesn’t close as planned.

1. Review the Purchase and Sale Agreement

The first step after a failed transaction is to review the Purchase and Sale (P&S) Agreement, which outlines the rights, contingencies, and timelines for both buyer and seller.

Most Massachusetts P&S agreements include detailed inspection, appraisal, and financing contingencies that determine whether a deposit is refundable. The Massachusetts Association of Realtors explains that these contingencies act as legal “escape hatches” if specific conditions aren’t met before closing (MAR, 2025).

Attorney’s Insight:

Your attorney can interpret the contract’s fine print and identify whether you’re entitled to a refund or release. Acting quickly helps prevent misunderstandings that could escalate into legal disputes or escrow delays.

2. Handling Deposit (Escrow) Disputes

In most Massachusetts home sales, the buyer deposits earnest money — typically held in an attorney’s escrow account — to show good faith. If the deal collapses, both parties must sign a mutual release authorizing return or forfeiture of those funds.

Without a signed release, the deposit often remains frozen until both sides reach agreement or a court intervenes. The Massachusetts Division of Banks outlines how escrow funds are protected under state trust-account regulations (Mass.gov, 2024).

Attorney’s Insight:

An experienced real estate attorney acts as a neutral fiduciary, ensuring deposits are managed according to Massachusetts law. If one party refuses to sign a release, your attorney can issue a demand letter or pursue mediation before litigation becomes necessary.

3. Inspection Failures and the New Law

Massachusetts’ new home inspection law, effective October 2025, introduced clearer buyer rights and stricter scheduling standards. Under the updated rules, buyers must complete inspections within a defined timeline — and sellers must allow reasonable access or risk violating the agreement.

As detailed in our earlier post, “What Buyers & Sellers in MA Should Expect Under the New Home Inspection Law”, these reforms help reduce last-minute cancellations and ambiguous repair disputes.

Attorney’s Insight:

If an inspection uncovers defects, your attorney can guide you through renegotiation — for example, by drafting an amendment for seller repairs or a price adjustment — or help you properly withdraw without losing your deposit.

4. Benefiting From the New Home Inspection Law

Even after inspections pass, deals can fail when the appraised value comes in below the agreed purchase price. Lenders rarely approve financing that exceeds appraisal value, leaving buyers to cover the gap or renegotiate.

According to Bankrate, appraisal shortfalls are one of the top reasons sales collapse nationwide.

Attorney’s Insight:

Your attorney can prepare an addendum for price renegotiation or an extension allowing time to resolve lender concerns. If financing ultimately falls through, counsel ensures proper documentation is filed so the transaction terminates cleanly.

5. Next Steps: Renegotiate, Release, or Pursue Legal Action

After reviewing all contingencies, your attorney may recommend one of three paths:

  • Renegotiate: Adjust price, closing date, or repair terms to salvage the deal.
  • Mutual Release: End the contract amicably, with a clear escrow disposition.
  • Legal Remedy: If one party breached the contract, a demand letter or small-claims action may be appropriate.

The Massachusetts Trial Court Law Libraries provide guidance on breach-of-contract claims involving real estate transactions (Mass.gov, 2024).

Attorney’s Insight:

The key is acting quickly and documenting every communication. Your attorney ensures all notices and releases are executed properly to protect you from liability.

Closing Thoughts

Turn a Setback Into a Strategy

A failed home sale can feel like a setback, but it doesn’t have to become a legal nightmare. With the right representation, you can recover deposits, avoid costly disputes, and position yourself for the next opportunity.

The Law Office of David R. Rocheford, Jr., P.C. helps buyers and sellers across Massachusetts and New Hampshire navigate escrow disputes, renegotiations, and closing delays with confidence and clarity.

stressed man sitting at a table with paperwork

SOURCES

Bankrate. (2025, July). What happens if a house appraises low? Retrieved from https://www.bankrate.com/

Massachusetts Association of Realtors (MAR). (2025). Standard purchase and sale agreement guidelines. Retrieved from https://www.marealtor.com/

Massachusetts Division of Banks. (2024). Escrow and trust-account regulations for attorneys and brokers. Retrieved from https://www.mass.gov/orgs/division-of-banks

Massachusetts Trial Court Law Libraries. (2024). Real-estate contract disputes and remedies. Retrieved from https://www.mass.gov/orgs/trial-court-law-libraries

The Law Office of David R. Rocheford, Jr., P.C. (2025, September). What buyers & sellers in MA should expect under the new home inspection law. Retrieved from https://www.thebestclosings.com/2025/09/what-buyers-sellers-in-ma-should-expect-under-the-new-home-inspection-law/

 

Providing title, escrow, closing and settlement services to clients throughout Massachusetts and New Hampshire

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What Buyers & Sellers in MA Should Expect Under the New Home Inspection Law

What Buyers & Sellers in MA Should Expect Under the New Home Inspection Law

What Buyers & Sellers in MA Should Expect

Under the New Home Inspection Law

Starting October 15, 2025, Massachusetts buyers and sellers will need to adjust to a major shift in how home inspections are handled. Under 760 CMR 74.00: Residential Home Inspection Waivers, part of the Affordable Homes Act, buyers can no longer be pressured into waiving inspection rights — and sellers must provide a written disclosure affirming those rights.

This change is designed to level the playing field in competitive markets, but it will also affect negotiation strategies and closing timelines. Here’s what both sides should know.

For Buyers: Expanded Rights and Protections

  • Guaranteed Inspection Option
    Every buyer now has the right to hire a licensed home inspector and a reasonable time to complete the inspection. Waivers can no longer be required or even suggested.
  • Negotiating After Inspection
    If the inspection reveals defects, buyers maintain the right to renegotiate, request repairs or credits, or walk away according to the terms of their purchase and sale agreement.
  • Reduced Pressure in Hot Markets
    In past years, many buyers waived inspections just to compete with cash-heavy or fast-moving offers. This law ensures buyers won’t have to sacrifice due diligence for speed.

For Sellers: New Disclosure Obligations

Some buyers may still try to waive inspections voluntarily to appear competitive. Sellers and their agents need to know:

  • Such provisions should be flagged and removed to comply with the law.
  • Attorneys should review offers carefully and strike any prohibited terms.
  • Accepting an offer that includes a waiver could expose the seller and agent to claims under Chapter 93A, Massachusetts’ consumer protection law.

Final Word

For buyers, the new inspection law provides peace of mind and protection from making high-stakes decisions without adequate information. For sellers, it adds a layer of compliance and documentation but also creates a more transparent, balanced market.

The key for both sides is preparation: buyers should budget for inspections and know how to use results in negotiations, while sellers must update disclosures and scrub old contract language. With proper guidance from agents and attorneys, these changes don’t have to slow down a sale — they can simply make it safer.

home inspector

SOURCES

Massachusetts Executive Office of Housing and Livable Communities. (2025). Residential home inspection waivers: 760 CMR 74.00. Mass.gov. https://www.mass.gov/info-details/residential-home-inspections

Massachusetts General Laws ch. 93A (2025). Regulation of business practices for consumer protection. Massachusetts Legislature. https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93A

Commonwealth of Massachusetts. (2024). Affordable Homes Act: Summary and implementation updates. Mass.gov. https://www.mass.gov/news/affordable-homes-act

Providing title, escrow, closing and settlement services to clients throughout Massachusetts and New Hampshire

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Avoiding Closing Delays: Navigating MA’s Inspection Rights Post-October 2025

Avoiding Closing Delays: Navigating MA’s Inspection Rights Post-October 2025

Avoiding Closing Delays:

Navigating MA’s Inspection Rights Post-October 2025

Starting October 15, 2025, Massachusetts real estate professionals will need to factor in a brand-new set of home inspection requirements. Under 760 CMR 74.00: Residential Home Inspection Waivers, sellers and their agents can no longer request, require, or even suggest that buyers waive inspections. A written disclosure affirming the buyer’s right to hire a licensed inspector is now mandatory.

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.

Final Word

Massachusetts’ new inspection rules will reshape the flow of transactions. By updating forms, tightening checklists, and communicating clearly with clients, real estate professionals can keep deals on track and avoid costly delays at the closing table.

home inspector

SOURCES

Massachusetts Executive Office of Housing and Livable Communities. (2025). Residential home inspection waivers: 760 CMR 74.00. Mass.gov. https://www.mass.gov/info-details/residential-home-inspections

Massachusetts General Laws ch. 93A (2025). Regulation of business practices for consumer protection. Massachusetts Legislature. https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93A

Commonwealth of Massachusetts. (2024). Affordable Homes Act: Summary and implementation updates. Mass.gov. https://www.mass.gov/news/affordable-homes-act

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MA’s New Home Inspection Waiver Rules: What Real Estate Professionals Need to Know

MA’s New Home Inspection Waiver Rules: What Real Estate Professionals Need to Know

MA’s New Home Inspection Waiver Rules:

What Real Estate Professionals Need to Know

Massachusetts is about to change the way home inspections fit into real estate transactions. Beginning October 15, 2025, sellers and their agents will no longer be able to request, require, or even suggest that a buyer waive or limit their right to a licensed home inspection.

This new rule — part of the Affordable Homes Act and published under 760 CMR 74.00: Residential Home Inspection Waivers — is designed to protect buyers in a competitive market. In recent years, many buyers felt forced to waive inspections to make their offers more attractive, sometimes only to discover major defects after the closing. The new regulation aims to end that practice.

What’s Changing

Here’s the heart of the regulation:

  • No More Required Waivers: Sellers, listing agents, and brokers cannot condition the acceptance of an offer on the buyer giving up their inspection rights. Even hinting that a waiver is expected is off-limits.
  • Mandatory Disclosure: Sellers (or their agents) must give buyers a written notice confirming that the purchase is not contingent on waiving an inspection. The notice must also inform buyers of their right to hire a licensed home inspector and to have a reasonable period to complete the inspection.
  • Limited Exceptions: Certain transactions are exempt, including new home sales by builders, transfers between family members, and foreclosures or auctions.

What Real Estate Professionals Need to Update

These changes mean agents, lenders, and attorneys will need to revisit their standard forms and practices:

  • Listing Agreements and Purchase & Sale Contracts: Remove any language that suggests waiving inspections as a competitive tactic.
  • Disclosure Checklists: Add the new required notice and make sure it is provided in writing to every buyer.
  • Training and Client Conversations: Agents should prepare to explain to sellers that inspection waivers are no longer an option. Attorneys should counsel clients on compliance and be alert for outdated contract language.
  • Closing Procedures: Lenders and closing attorneys should confirm that inspection rights and notices have been properly documented before disbursement.

Why It Matters: Chapter 93A Liability

Violating the new inspection rules may expose sellers, brokers, or even attorneys to claims under Massachusetts General Laws Chapter 93A (Consumer Protection Act). That means:

  • Unfair or Deceptive Practices: If a buyer is pressured into waiving inspection rights or isn’t provided the proper notice, it could be considered an unfair or deceptive act.
  • Damages and Fees: Chapter 93A allows for multiple damages and recovery of attorney’s fees — a costly risk for professionals and clients alike.
  • Delayed or Voided Closings: Non-compliance could trigger disputes that stall or cancel transactions, undermining client trust and professional reputations.

Final Word

Massachusetts’ new home inspection waiver rules mark a significant shift in real estate practice. Beginning this fall, professionals will need to update their contracts, disclosures, and client conversations to reflect the new protections.

For agents, lenders, and attorneys, the safest path is clear: put compliance at the top of your checklist now to avoid costly surprises later.

home inspector

SOURCES

Massachusetts Executive Office of Housing and Livable Communities. (2025). Residential home inspection waivers: 760 CMR 74.00. Mass.gov. https://www.mass.gov/info-details/residential-home-inspections

Massachusetts General Laws ch. 93A (2025). Regulation of business practices for consumer protection. Massachusetts Legislature. https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93A

Commonwealth of Massachusetts. (2024). Affordable Homes Act: Summary and implementation updates. Mass.gov. https://www.mass.gov/news/affordable-homes-act

Providing title, escrow, closing and settlement services to clients throughout Massachusetts and New Hampshire

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Gen Z Homebuyers: Small in Numbers, Big in Determination

Gen Z Homebuyers: Small in Numbers, Big in Determination

Gen Z Homebuyers: Small in Numbers, Big in Determination

How the youngest buyers are breaking into the market despite debt and high prices

They may represent just 3% of all buyers, but Gen Z is determined to change the game. Armed with FHA loans, side hustles, and family support, these resourceful buyers are targeting affordable regions — not Boston, but places like Grand Rapids and Salt Lake City. In New Hampshire and Massachusetts, they’re hunting for opportunity while carrying average personal debt over $94,000. Here’s how this rising generation is entering the market, and what lenders should know to meet them where they are.

Why Gen Z Is Different

Gen Z came of age during economic upheaval — the 2008 housing crash was their childhood backdrop, and the COVID-19 pandemic shaped their early adulthood. They’ve watched older millennials struggle with student debt and delayed homeownership. That history has made them cautious, debt-averse, and surprisingly strategic in their approach to buying.

Unlike previous generations, Gen Z doesn’t expect homeownership to happen overnight. They’re willing to rent longer, work side hustles, and lean on family support if it helps them break into the market when the timing is right.

The Affordability Hurdle

Affordability is the single biggest obstacle standing in their way.

  • Average debt load: over $94,000 per young adult.
  • Median household income growth: stagnant compared to housing costs.
  • Entry-level homes: scarce, especially in high-cost regions like Greater Boston.

In short, the math doesn’t always work. But that hasn’t stopped Gen Z from getting creative.

How They’re Making It Work

FHA and Low Down Payment Loans

With cash savings limited, FHA loans and other low down payment programs are Gen Z’s go-to tool. These options allow them to enter the market sooner, even if it means paying mortgage insurance.

Side Hustles and Multiple Income Streams

From freelance work to online businesses, Gen Z isn’t afraid to diversify income to qualify for a mortgage. Lenders who recognize alternative income streams — and can explain how to document them properly — gain a clear edge.

Family Support and Gifts of Equity

Parents and grandparents are playing a larger role, either through co-signing, down payment assistance, or equity transfers. These transactions often involve extra legal steps, which is where experienced closing attorneys keep everything compliant.

Targeting Affordable Regions

Gen Z is skipping the Boston condo market and looking north and west — from New Hampshire’s suburbs to smaller Massachusetts cities like Worcester. They want affordability, community, and remote-work flexibility more than urban prestige.

What Lenders Should Know

For lenders, winning Gen Z business means more than just offering a loan — it’s about meeting them on their terms.

  • Be Digital-First: Mobile-friendly applications, virtual closings, and real-time status updates are table stakes.
  • Expand Credit Access: Use VantageScore 4.0 and consider rent or utility payment histories for applicants with thin credit files.
  • Educate and Simplify: Break down loan terms in plain English, offer first-time buyer workshops, and demystify the process.
  • Focus on Entry Markets: Market lending products in regions where Gen Z is actually shopping, not just where the big headlines are.

Quick Lender Recommendations

  • Highlight FHA and low down payment products
  • Accept and explain alternative income sources
  • Emphasize digital lending tools (portals, e-signatures, mobile updates)
  • Promote credit-building strategies tied to VantageScore 4.0
  • Offer first-time buyer education as part of your brand

Final Word

Gen Z may be small in numbers today, but their determination is reshaping tomorrow’s market. They are resourceful, cautious, and fiercely committed to finding a way into homeownership — even when the odds seem stacked against them. For lenders, attorneys, and real estate professionals in Massachusetts and New Hampshire, understanding this generation isn’t optional. It’s the key to staying relevant.

At The Law Office of David R. Rocheford, Jr., P.C., we work alongside buyers, sellers, and lenders to ensure every deal — whether fueled by an FHA loan, family support, or creative structuring — is handled smoothly and compliantly.

Want to better understand the next wave of homebuyers? Contact us today

Gen Z Homebuyers: Small in Numbers, Big in Determination

Providing title, escrow, closing and settlement services to clients throughout Massachusetts and New Hampshire

From Our Clients

“I would highly recommend David as a closing attorney. I have known David and have been using his office for many years. David’s professionalism when dealing with me, my closing department and most especially my clients has been always exemplary.”
DAVID BREMER

SENIOR LOAN OFFICER, SHAMROCK FINANCIAL SERVICES

“The Law Office of Attorney David R. Rocheford, Jr. is by far the most exceptional real estate law office that I have had the pleasure of working with. The professionalism is by far second to none.”
JACQUI KEOGH

SENIOR LOAN OFFICER, SALEM FIVE MORTGAGE SERVICES

“Attorney David Rocheford has provided settlement and title services for me and Greenpark Mortgage several years. He has assisted all of my clients, including my family and friends with mortgage closings. Always providing excellent service. Reliable and trustworthy!”
SANDRA MALDONADO

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Why Fewer First-Time Buyers Are Entering the Market in MA & NH

Why Fewer First-Time Buyers Are Entering the Market in MA & NH

Why Fewer First-Time Buyers Are Entering the Market in MA & NH

How affordability challenges and shifting demographics are reshaping homeownership

Once upon a time, the path to homeownership started in your late 20s. Today, the median age of a first-time buyer has climbed to 38 — the highest in U.S. history. In Massachusetts and New Hampshire, where prices remain high and incomes haven’t kept pace, first-time buyers make up only 24% of the market. This generational shift isn’t just a national trend — it’s reshaping local markets, too. Let’s explore why fewer young buyers are entering the game and what it means for buyers, sellers, and lenders alike.

The Shrinking First-Time Buyer Pool

In 2010, first-time buyers represented half the housing market. By 2024, that number dropped to less than a quarter. It’s not because younger generations don’t want to buy — surveys show they do — but the financial barriers are higher than ever.

For Massachusetts and New Hampshire buyers, the challenge is particularly acute. Both states rank among the nation’s most expensive housing markets, with limited inventory and bidding wars still common in desirable areas. That leaves many would-be buyers sidelined, even when mortgage rates dip slightly.

Why It’s Harder Than Ever

Income vs. Home Prices

The income needed to buy a median-priced home has soared to over $126,000 a year, nearly 60% higher than in 2021. Meanwhile, household incomes in the region have barely budged. That mismatch has locked many younger buyers out of the market.

Rising Debt Loads

Millennials and Gen Z carry heavy financial baggage, from student loans to credit card balances. With Gen Z’s average personal debt topping $94,000, saving for a down payment feels more like a marathon than a sprint.

Limited Starter Homes

Entry-level homes — once the natural first step into ownership — are scarce. Many builders in New England focus on higher-margin luxury units, while affordable starter homes are either aging or quickly snapped up.

Demographic Shifts

Younger generations are delaying marriage, children, and long-term settling, which historically drove first-home purchases. Add in higher rent burdens and inflation, and the dream of ownership is being pushed later into life.

What This Means for Sellers

If you’re selling in Massachusetts or New Hampshire, this trend could mean fewer young families competing for your property. That may soften demand in some price brackets, especially for entry-level homes. On the flip side, it also means that when younger buyers do show up, they’re highly motivated — and often well-prepared with family support, FHA financing, or cash gifts.

What This Means for Lenders

Lenders can’t assume yesterday’s products will work for today’s market. Winning over first-time buyers requires:

  • FHA and low down payment options to lower the entry barrier
  • Alternative credit scoring (including rental and utility history) to qualify more applicants
  • Digital-first lending to meet younger buyers where they are
  • Educational resources to guide cautious, debt-burdened buyers through the process

The lenders who succeed won’t just hand out mortgages — they’ll provide tools, trust, and guidance.

What This Means for Buyers

If you’re a first-time buyer in MA or NH, you’re not alone in feeling like the deck is stacked against you. But there are pathways forward:

  • Explore FHA or MassHousing programs that reduce down payment hurdles
  • Work with a closing attorney early to understand costs and risks
  • Consider expanding your search beyond major metros into more affordable towns or suburbs

Final Word

The shrinking pool of first-time buyers isn’t just a statistic — it’s a reality that shapes how homes are bought, sold, and financed in Massachusetts and New Hampshire. For buyers, it means persistence and planning. For sellers, it means understanding who your likely buyers really are. And for lenders, it means rethinking old playbooks to stay relevant.

At The Law Office of David R. Rocheford, Jr., P.C., we help buyers, sellers, and lenders adapt to today’s challenges and keep closings on track.

Ready to navigate the new landscape? Contact us today

Why Fewer First-Time Buyers Are Entering the Market in MA & NH

Providing title, escrow, closing and settlement services to clients throughout Massachusetts and New Hampshire

From Our Clients

“I would highly recommend David as a closing attorney. I have known David and have been using his office for many years. David’s professionalism when dealing with me, my closing department and most especially my clients has been always exemplary.”
DAVID BREMER

SENIOR LOAN OFFICER, SHAMROCK FINANCIAL SERVICES

“The Law Office of Attorney David R. Rocheford, Jr. is by far the most exceptional real estate law office that I have had the pleasure of working with. The professionalism is by far second to none.”
JACQUI KEOGH

SENIOR LOAN OFFICER, SALEM FIVE MORTGAGE SERVICES

“Attorney David Rocheford has provided settlement and title services for me and Greenpark Mortgage several years. He has assisted all of my clients, including my family and friends with mortgage closings. Always providing excellent service. Reliable and trustworthy!”
SANDRA MALDONADO

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