🏡 New Massachusetts Regulation Protects Buyer’s Right to Home Inspections

Effective October 15, 2025

Buying a home is one of the most important investments a person can make, and starting this fall, Massachusetts is taking an even stronger stance to protect buyers’ rights. A new regulation—760 CMR 74.00, adopted under the Affordable Homes Act (Chapter 150 of the Acts of 2024)—goes into effect on October 15, 2025. This rule ensures that homebuyers can no longer waive their right to a home inspection as a condition of having their offer accepted.

🔸 Why This Regulation Matters

In a competitive real estate market, some buyers felt they had no choice but to waive their inspection to make their offer more attractive. This new regulation is designed to level the playing field by protecting buyers’ right to make informed decisions. Sellers can no longer require or encourage a buyer to skip an inspection, nor can they accept offers contingent on doing so.

📝 Key Highlights of the New Rules

• Mandatory Disclosure: Sellers or their agents must provide buyers with a written disclosure affirming their right to a home inspection.

• No Waivers Allowed: Offers cannot be accepted based on the buyer agreeing to waive or limit inspections.

• Applies to Most Residential Sales: This includes 1–4 unit properties, condos, and co-ops.

• Licensed Inspectors Only: All inspections must be conducted by a Massachusetts licensed home inspector and include a written evaluation.

• Inspection Integrity Protected: Sellers cannot restrict inspection scheduling or make the inspection meaningless through unreasonable contract provisions.

• Enforcement: Violations may result in consumer protection claims and disciplinary action against professionals.

🔸 Buyer Discretion Still Matters

While inspections can no longer be waived, buyers still have the option to forgo an inspection voluntarily—but only after receiving proper disclosure.

🏠 Exemptions

Certain transactions are not subject to this regulation, including transfers between relatives, foreclosures, estate planning transfers, and pre-completion sales of new construction with a one-year warranty.

⚖️ What This Means for Buyers and Sellers

For buyers, this is an added layer of protection and transparency in the home buying process. For sellers and agents, it’s crucial to follow the required disclosure process and respect the buyer’s inspection rights. Failure to comply can lead to legal and professional consequences under state consumer protection laws.

📌 Final Thoughts

This regulation reflects a growing focus on consumer protection and fairness in real estate transactions. As REALTORS®, we are committed to guiding our clients through every step of the process with integrity and expertise.

To learn more or view the official disclosure form, visit Mass.gov.