Massachusetts home inspection law: sellers can no longer require a waiver

What the rule says

The 2024 Affordable Homes Act added a new section to Massachusetts law, M.G.L. c. 143, § 101, and the state's housing office wrote the details into 760 CMR 74.00. It applies to homes with one to four units, condos and co-ops. In plain terms:

• No waiver as a condition. A seller or listing agent cannot make acceptance of an offer, or signing a contract, depend on the buyer waiving, limiting or restricting a home inspection.
• No accepting waiver offers. A seller cannot accept an offer, or sign any related contract, that would require the buyer to give up an inspection in whole or in part.
• No signaling it in advance. The statute also bars a seller from accepting an offer when the buyer or the buyer's agent says ahead of time that the buyer plans to waive the inspection.
• No terms that make it meaningless. Contract terms that make an inspection pointless count as a violation. Examples in the rule: unreasonably limiting your ability to schedule, get and review the inspection, or not letting you walk away if the results are not acceptable to you.

The disclosure you will sign

By the time the first written contract is signed (usually the Offer to Purchase), the listing agent must give the buyer a separate form with wording set by the state. It says the sale is not contingent on waiving an inspection, that the buyer may hire a licensed home inspector of their choice, and that the buyer gets a reasonable period after signing to decide whether to go forward if the results are not satisfactory. Buyer and seller both sign it.

What you can still negotiate

The rule protects your right to inspect. It does not freeze every term. You and the seller can still agree on:

• The length of the inspection period, as long as it is reasonable.
• A repair threshold. For example, you can only walk away if estimated repairs exceed a reasonable dollar amount you both agree on.
• A limit on the deposit refund if you walk away after the inspection, as long as it is reasonable.

What counts as reasonable is not defined by a number in the rule. That is a question for your attorney on the specific contract.

You can still decide to skip it

Once your offer is accepted and you have the disclosure, you are free to waive or limit the inspection yourself. The condition is that the seller and the seller's agent did not push for it or require it. We usually advise against skipping it. A few hundred dollars for an inspection is small next to the cost of a surprise roof, foundation or electrical problem.

Who is exempt

• Sales at auction by a licensed auctioneer
• Sales to a relative of the seller, or to a former spouse under a divorce judgment
• Foreclosures, deeds in lieu of foreclosure, and deeds that release a debt or lien
• Estate-planning transfers to a relative, including through a trust
• New construction sold before it is substantially complete, when the builder gives at least a one-year written warranty on the major systems
• Sales where the offer or Purchase and Sale Agreement was signed on or before October 15, 2025

What this means for your offer

Before this rule, waiving the inspection was one of the most common ways to win a bidding war in Greater Boston. That tool is gone for most sales. Offers now compete on price, deposit size, financing strength, timing and how clean the other terms are.

Ways we help buyers stay competitive:

• Line up your inspector before you start making offers, so you can book within days of acceptance.
• Propose a short but reasonable inspection window.
• Consider a reasonable repair threshold, so the seller knows you will not walk over small items.
• Get a full pre-approval, not a pre-qualification, and be flexible on closing date if you can.

If you are selling

Expect every offer to include an inspection. Some sellers order their own pre-listing inspection so they know what buyers will find and can fix it or price it in. If your listing agent suggests you only consider offers that skip the inspection, that is a red flag under this rule. Violations by agents can be treated as unfair or deceptive practices under Chapter 93A and reported to the state real estate licensing board.