What a Massachusetts Home Inspector Can't Do

On inspection day, buyers ask their inspector whether they would buy the house. Massachusetts does not let the inspector answer that, and knowing where the lines sit makes the report far more useful.

The prohibitions

266 CMR 6.06 says inspectors are prohibited from reporting on the market value of the property, its marketability, or its suitability for any use, and from advising their client about the advisability or inadvisability of the purchase. They may not determine the cost of repairs of any item they noted or inspected. They may not offer to make or perform any repair or provide any remedy, including engineering, architectural, surveying, plumbing, electrical and heating services or pest treatment, on a dwelling their firm inspected, unless the work is part of a negotiated settlement of a complaint or claim against them. They may not operate any system that is shut down or inoperable, or turn on an electrical or fuel supply that is off, though in both cases they are supposed to recommend that the seller demonstrate the system works.

The scope

The inspection is split into nine systems, and the split comes from 266 CMR 6.04: roofing, exterior, structure, electrical, plumbing, heating, cooling, general interior conditions, and insulation and ventilation. For each, the regulation separates what the inspector shall observe and report on, what the inspector shall identify, and the exclusions. Roofing is a good example of how narrow this gets. The inspector isn’t required to walk the roof unless, in their opinion, doing so poses no risk of injury or damage, and isn’t required to observe the interior of chimney flues.

What the standards do not require

266 CMR 6.05(1) says inspections done to these standards are visual and not technically exhaustive. 266 CMR 6.05(2)(b) then lists fifteen things the inspector isn’t required to perform or provide. The ones worth knowing before you book: no test for radon gas, no determination of the presence or absence of pests including wood destroying insects, no environmental services at all, which sweeps in carbon monoxide, asbestos, lead paint, mold and any contaminants in soil, water or air. Also no prediction of future conditions, no operating cost projections, no determination of energy efficiency, and no inspection of surface or subsurface soil. The regulation also says an inspector isn’t required to disturb or move insulation, stored items, furniture, soil, snow, ice or debris that obstructs access.

So hire the rest separately

Radon, pests, sewer line video, mold, and oil tank work are separate engagements. In a fall market where you’re likely to have a short inspection window, the practical move is booking them for the same week as the general inspection.

What the report has to cover

266 CMR 6.03(1)(c) requires the written report to identify the components the standards say to identify, indicate which present systems were not inspected, indicate the condition of what was inspected including anything needing repair, and record the inspector’s name, the client’s name and property address, the on-site start and finish times, the weather conditions, and the existence of obstructions or conditions that prevented inspection. Read that header. Start and finish times and the weather tell you how thorough the visit could have been.

When the report has to point elsewhere

266 CMR 6.03(3) says the report shall inform the client that additional investigation is required when the scope of the repairs is unknown, when there is potential for and suspicion of concealed damage, or when the subject area is beyond the inspector’s expertise. If you see that language, treat it as an instruction. The regulation also provides that the inspector isn’t held liable for the accuracy of third party information.

The energy audit document

266 CMR 6.07 requires inspectors to give a document outlining the procedures and benefits of a home energy audit to every client buying a single family home, a multiple family dwelling with less than five dwelling units, or a condominium unit in a structure with less than five dwelling units. It has to be provided at or before closing, and no additional fee may be imposed on the buyer or seller for it.

How I use all of this

I read the exclusions first, then the systems the inspector said were present but not inspected. That pair has pointed me at the next expense more than once. Buying in Greater Boston this fall? Send me the property and I’ll tell you which specialists are worth booking alongside the general inspection. Diana Kim, REALTOR®, eXp Realty.