If you’re buying or selling a home in Massachusetts, you should know that home inspection rights have changed significantly. After widespread concern that buyers were pressured to skip inspections to win competitive offers, a new state regulation now protects buyers’ ability to inspect homes — and limits when inspection waivers can even be considered.

Here’s what’s changed and what it means for buyers, sellers, and agents across the Commonwealth.

Inspection Rights Are Now a Protected Consumer Right in MA

Starting October 15, 2025, Massachusetts implemented a statewide regulation under the Affordable Homes Act, Chapter 150 of the Acts of 2024, codified at 760 CMR 74.00. This regulation was designed to ensure that homebuyers can always choose to obtain a professional home inspection before finalizing a sale, and that their right to inspect is not undermined or required to be waived as part of a purchase agreement.

Key Protection:

• Sellers cannot require or condition the acceptance of an offer on the buyer waiving their inspection rights.
  In other words, a seller can’t say, “We will only accept your offer if you waive the inspection.”

What Buyers Can and Cannot Do

Buyers Still Choose Whether to Inspect

Buyers may voluntarily decide not to get a home inspection after they receive required disclosures — but this choice must be their own, free of pressure from the seller or listing agent.

Sellers Cannot Accept Offers That Pre-Commit to a Waiver

If a buyer indicates before the seller accepts the offer that they intend to waive inspection rights, the seller cannot accept that offer. This protects buyers from being pushed into risky decisions for the sake of competitiveness.

Mandatory Written Disclosure Required

Before or at the time the first written contract (whether it’s an offer to purchase or a purchase and sale agreement) is signed, the seller or their agent must provide a separate written disclosure form. This form:

• States that the buyer has the right to have the property inspected by a licensed home inspector;

• Confirms that the seller will not condition the sale on the buyer waiving inspection rights;

• Must be signed by both buyer and seller as part of compliance.

Without this disclosure, a seller may be violating the regulation, and the contract could be jeopardized.

What the Law Doesn’t Do

It’s important to understand what the new rules do not change:

-Buyers Can Still Waive Inspections After Contract

After the contract is signed and the written disclosure provided, a buyer may elect to waive, limit, or forego an inspection if they choose to — but that choice must be made by the buyer alone, not influenced by seller pressure.

-Contracts Still May Include Inspection Contingencies

The regulation doesn’t require inspection contingencies — it simply prohibits conditioning a sale on waiving inspection rights. Buyers and sellers can still negotiate inspection timelines and terms, such as dollar thresholds for repair requests.

-Some Exemptions Apply

These rules generally apply to residential properties of 1–4 units, condos, and co-ops. Exemptions include:

• Transfers between relatives or under divorce orders;

• Foreclosures and certain estate or trust transfers;

• Newly constructed homes sold before substantial completion with certain warranties.

Why This Rule Matters for Buyers and Sellers

For years in Massachusetts, waiving inspection contingencies was often used by buyers to make offers more competitive — especially during the hot seller’s market phases. In some competitive markets, buyers felt they had to give up inspection protections just to have a chance at a home. Boston.com

But inspections can uncover critical information about:

• Foundation issues

• Roof integrity

• Electrical or plumbing concerns

• HVAC lifespan

• Safety hazards

Now, buyers won’t be forced, implicitly or explicitly, to give up those protections just to be considered.

For sellers and agents, this means:

• Offers cannot be evaluated based on inspection waivers

• Contracts must include mandated disclosures

• Sellers may emphasize pre-listing inspections or transparency to maintain buyer confidence

In short, the new inspection rules help balance competitive market pressures with consumer protection and transparency.

Inspection Waiver Agreements in Massachusetts

Here’s the bottom line for 2025 and beyond:

• No seller can require a waiver of inspection rights as a condition for accepting an offer.

• Sellers cannot accept offers that require buyers to waive their inspection rights.

• Buyers still have the right to choose not to inspect after receiving proper disclosures.

• Written disclosure by the seller is required before the contract is signed.

• Exemptions are narrow and clearly defined under the regulation.

These changes represent a significant shift in Massachusetts real estate practices — reinforcing the importance of inspections as a right, not a bargaining chip.

Matt Witte strives to be the best realtor in North Andover, MA.

Any questions about real estate, reach out to Matt Witte, North Andover Realtor, MA