New Massachusetts Home Inspection Law 2025 Explained
News Heather MacDonald October 9, 2025
News Heather MacDonald October 9, 2025
In the hyper-competitive Massachusetts real estate landscape, buyers have often felt pressured to waive home inspections in order to win in multiple-offer scenarios. That dynamic is changing as of October 15, 2025, with the implementation of new statewide regulation under 760 CMR 74.00 (part of the Affordable Homes Act) designed to protect homebuyers’ rights. (Mass.gov)
If you’re buying or selling a home (or representing clients) on the Lower Cape—or anywhere in Massachusetts—you need to understand how these changes affect contracts, disclosures, negotiation strategies, and liability.
Here’s a breakdown of what 760 CMR 74.00 means in practice. (Mass.gov)
| Feature | What Changes | Implication / What You Must Watch For |
|---|---|---|
| Ban on conditioning sale on inspection waiver | Sellers (and their agents) may not require that a buyer waive or limit a home inspection as a condition of having their offer accepted. (Mass.gov) | Any listing language or counteroffer that implies “we only accept offers without inspection” will be prohibited. |
| Ban on accepting offers that communicate intent to waive | Sellers cannot accept an offer if, in advance of acceptance, the buyer signals that they intend to waive inspection rights. (Mass.gov) | Buyer agents must be careful not to include waiver statements or “clean offer/no contingency” language that implies giving up inspection rights. |
| Mandatory disclosure to buyer | At the time of the first written contract (often the Offer to Purchase or Purchase & Sale), sellers must provide a separate written disclosure affirming that the buyer may have the property inspected. Buyer and seller must sign it. (Mass.gov) | New forms will come into play; agents must integrate this disclosure into the transaction. |
| Inspection must be meaningful | Contract provisions that “render the inspection meaningless” (e.g. extremely restricted scheduling, preventing withdrawal, limiting access) are disallowed. However, parties may agree to reasonable monetary thresholds for repair costs or deposit forfeiture if a buyer cancels. (Mass.gov) | Watch for loopholes or overly restrictive clauses in offers. |
| Buyer still may waive, but only post-acceptance and independently | A buyer may, after the contract is signed and the disclosure given, choose to waive the inspection, as long as that decision is not influenced or required by the seller or agent. (Mass.gov) | This gives more flexibility, but only after the formal safeguards are satisfied. |
| Exemptions | The regulation does not apply to: | |
| • Contracts signed before October 15, 2025 (Mass.gov) | ||
| • Foreclosures, auctions, or deeds in lieu of foreclosure (Mass.gov) | ||
| • Transfers among family, divorce settlements, certain estate planning exchanges (Mass.gov) | ||
| • New construction where contract is signed before “substantial completion” and a 1-year express warranty is offered (Mass.gov) | Make sure to identify whether your transaction qualifies for an exemption. |
As a local REALTOR® here, I see a few specific ways this will play out in our market:
Hot market pressures lessen: In areas where buyers were routinely pressured to waive inspections to compete, this law levels the playing field.
Contracts & timing need more precision: Offers, counteroffers, and contingencies must be crafted carefully to comply with the new restrictions.
Liability risk increases for agents and sellers: Violations can be treated as unfair or deceptive practices under M.G.L. c. 93A, especially for those operating in a business context. (Mass.gov)
Greater inspection demand: More buyers will opt for full inspections, so inspectors may see increased volume.
Educating clients becomes essential: Many sellers and buyers won’t initially understand the new rules, so local agents must lead the way.
Do not include inspection-waiver language in your offer. Your agent should avoid any statements implying you will waive inspection rights before acceptance.
Insist on the mandatory disclosure. Verify you received and signed the written disclosure before the first contract is executed.
Use inspection reports as negotiation tools. If the inspection reveals issues, you can negotiate repairs or walk away (within agreed thresholds).
Use your right to inspect—but choose wisely. The law doesn’t force you to do an inspection, but protects your ability to do so freely.
Ensure your listing and counteroffers don’t imply inspection waivers. Remove any language like “as-is, no inspections.”
Provide the required disclosure. This must happen at or before the first signed contract.
Allow reasonable inspection access. Don’t block scheduling or restrict inspection scope unreasonably.
Be prepared for more negotiation. Inspection findings may prompt repair requests or renegotiation.
Check for exemptions. If your transaction is exempt (e.g. new construction, family transfer), document that status carefully.
Enforcement & interpretations: Over time, how strictly courts and regulators enforce “rendering meaningless” language or vague terms will be clarified through cases and guidance.
Market adaptation: The dynamics of bidding wars, escalation clauses, and pre-inspections may shift in response to the new law.
Supply of inspectors: With more inspections being demanded, availability and scheduling capacity may strain local inspection resources.
Conflicts with past practices: Agents and brokers accustomed to advising clients toward waiver strategies will need to adapt.
Exemptions complexity: Determining whether a transaction qualifies for an exemption (especially in new construction or family transfers) may get tricky.
While change always comes with friction, here’s why I believe this regulation is beneficial—especially for our Cape Cod market:
It restores balance in transactions and reduces pressure on buyers.
It helps ensure buyers make fully informed decisions, reducing post-closing surprises.
It enhances the professionalism and integrity of the real estate process.
It may help curb "winner takes all" strategies that disadvantage non-cash buyers.
Starting October 15, 2025, every buyer, seller, and agent in Massachusetts (including here on the Lower Cape) will operate under new rules designed to protect inspection rights. If you’re considering buying or selling, or are working with clients, now is the time to familiarize yourself with 760 CMR 74.00.
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