Why You Can No Longer Waive a Home Inspection in Massachusetts (As of Oct 2025)

by Jim Armstrong

Massachusetts’s New Home-Inspection Law: What Buyers, Sellers & Agents Need to Know

In 2024, Massachusetts passed a significant change to how home inspections can be handled in residential real estate transactions. As of sales with contracts dated after October 15, 2025, buyers and sellers must follow new rules that restrict waiving inspection rights. (Mass.gov)

This shift, part of the Affordable Homes Act, is intended to protect buyers from being pressured into skipping inspections in a hot market and to promote more transparency and fairness in transactions. (Mass.gov) Below is a breakdown: what changes, why it matters, and how to adjust your practices in 2025 and beyond.

What the New Law & Regulations Do

Here are the key features and rules under the new regime (codified in 760 CMR 74.00). (Mass.gov)

Prohibitions on sellers & agents

Sellers (or their agents) cannot condition acceptance of an offer on the buyer’s waiver, limitation, or restriction of a home inspection. (Mass.gov)
Sellers may not accept an offer that is based on a buyer’s communicated intent (before acceptance) to waive the inspection. In other words: if a buyer or buyer’s agent says “we’ll waive inspection,” that offer cannot be accepted. (Mass.gov)
Sellers must provide a written disclosure, which must be signed by both buyer and seller (typically in the first written contract) saying (among other things) that acceptance is not contingent on waiving inspection and that the buyer has the right to inspect. (Mass.gov)
The law also bans contract provisions that render the inspection meaningless — for example, unreasonably restricting when or how the buyer can schedule the inspection, or denying the buyer withdrawal rights based on inspection results. (Mass.gov)

Buyer rights, including waiver after acceptance

Importantly: the law does not require a home inspection; buyers retain discretion. (Mass.gov)
After an offer has been accepted (i.e. once the contract is in place), a buyer may choose to waive or limit the inspection, as long as that choice is not influenced or required by the seller or agent.
The regulation allows the parties to mutually agree on thresholds (e.g. repair cost caps) or deposit refund limits in the event of termination. (Mass.gov)

Scope & exemptions

The law covers residential buildings of 1–4 units, condo units, and residential co-ops. (Mass.gov)
Exemptions include:
- Sales between relatives, or divorce-ordered transfers
- Foreclosure or auction sales or deed-in-lieu of foreclosure
- Certain new construction sales (especially where the contract is signed before “substantial completion” and the seller offers a written one-year warranty) (Mass.gov)
Transactions dated on or before October 15, 2025 are not subject to the new rules. (Mass.gov)

Enforcement & penalties

Violations by sellers or real estate professionals may be deemed unfair or deceptive acts under Massachusetts’s consumer protection statute (Chapter 93A). (Mass.gov)
If a seller violates the regulation, that noncompliance may be used as evidence of intent to misrepresent or conceal material facts in civil proceedings.
Real estate licensees may face disciplinary action under the Board of Registration of Real Estate Brokers & Salespersons. (Mass.gov)
Note: individual, non-business sellers (i.e. a one-time homeowner sale) may have limited exposure, but violations still carry risk, especially in litigation.

Why This Change Matters

Protecting buyers in a hot market

In recent years, especially in competitive markets, buyers often felt pressure to waive inspection contingencies to make their offers more appealing. This exposed them to unknown repair costs, safety risks, or structural surprises. The new law aims to remove that pressure and restore fairness. (Mass.gov)

Leveling the playing field

By forbidding sellers from favoring offers solely because they lack inspections, the law helps buyers who prefer due diligence. It also curbs certain practices by flippers or cash buyers who could otherwise gain an edge by skipping inspections. (Boston Agent Magazine)

Incentive for transparency & disclosure

Requiring sellers to deliver a signed disclosure about inspection rights brings that issue front and center early in the transaction. Buyers can’t later say they didn’t understand their rights.

Heightened liability risk for agents

Agents must be careful not to facilitate or imply waiver pressure. If they run afoul of the regulation, they risk consumer protection claims and licensing sanctions.

Practical Tips: How to Adapt (Buyers, Sellers & Agents)

For Buyers & Buyer Agents

Never include language in your offer signaling you will waive inspection. Under the new law, that invalidates acceptance.
Demand inclusion of the required signed inspection-rights disclosure in the offer documents.
After acceptance, if you choose to waive or limit, do so voluntarily—not under pressure.
Negotiate reasonable repair thresholds or deposit refund terms to manage risk.
Work with a licensed home inspector as early as possible once your offer is accepted.
Be aware of deadlines: the buyer should have a “reasonable period” to inspect and decide whether to proceed. (Mass.gov)

For Sellers & Listing Agents

Do not market or solicit offers stating “no inspection contingency required” or “waived inspection preferred.”
If a potential buyer’s agent indicates intention to waive inspection, do not accept that offer.
Provide the mandatory disclosure form early and ensure both buyer and seller sign it.
Avoid contract terms that unduly restrict buyer’s access, scheduling, or withdrawal rights after inspection.
Train your team on the new rules well before October 2025 to prevent inadvertent violations.
Stay current on the standard form changes that New England and Massachusetts Realtor associations will roll out.

For Real Estate Agents (in general)

Update your templates, forms, and checklists now to comply with the new regime.
Educate clients (buyers and sellers) about their new rights and obligations.
Ensure your communications and negotiations do not “nudge” or pressure waiver.
Monitor guidelines from Realtor associations and from the state’s Executive Office of Housing & Livable Communities.
Be especially vigilant about the fine lines between permissible negotiation and prohibited conditioning.

Risks, Challenges & Potential Uncertainties

Enforcement clarity — It may take time for consumer courts, licensing boards, and regulators to interpret edge cases.
“Soft” pressure or indirect signaling — Agents must be cautious that even subtle comments aren’t construed as encouraging waiver.
Supply of inspectors & scheduling — With more inspections expected, delays may arise; the “reasonable period” for inspections will likely be a key battleground.
Resistance & pushback — Some in the industry see the law as eroding negotiation freedom. (Boston 25 News)
Form standardization — Until the state releases the official disclosure form, local associations’ forms must adapt carefully.

Jim Armstrong
Broker/REALTOR
Armstrong Field Group
ALUXETY Real Estate