Wave Goodbye to Waived Inspections | Real Estate

By Jennifer Juliano

Recent changes in Massachusetts real estate practices are monumental and will have lasting impacts on consumers and agents alike. Many remember hearing about or experiencing a house sale with multiple offers, and some buyers chose or felt compelled to waive the home inspection to remain competitive. In Massachusetts, those days are officially over.

According to Mass.gov, as of October 15, 2025, Massachusetts adopted a first-in-the-nation regulation, 760 CMR 74.00, under the Affordable Homes Act. This regulation prohibits sellers or their agents from conditioning the acceptance of an offer on the buyer waiving a home inspection contingency. Inspection waivers can no longer be used as a bargaining chip.

This regulation was years in the making and reflects growing concerns over buyer protection during a competitive housing market. Now every buyer who submits an offer on a residential property has the right to a home inspection within a reasonable period after acceptance, typically about a week. It is important to understand what this right does and does not mean. An inspection does not obligate a seller to repair or replace anything, just as it did not before. Repair requests remain negotiable and are handled on a case-by-case basis.

The contingency also allows a buyer, at their discretion, to withdraw if the findings exceed their comfort level, whether due to financial constraints or willingness to manage hiring repairs. This protection gives buyers critical information before committing to what is often their largest purchase, while still understanding there are few houses that don’t need “something,” even new builds.

For sellers, there are new disclosure requirements as well. Your agent must provide a new inspection disclosure form. This form must be made visible to consumers and buyer agents and clearly outlines a buyer’s inspection rights.

Why did Massachusetts do this? Even before the pandemic housing frenzy, a trend had begun: buyers increasingly felt pressured to waive inspections to compete. Often, sellers accepted lower offers simply because those buyers waived their inspection, offering perceived certainty and fewer post-contract negotiations. Sellers preferred these offers to avoid renegotiation over repairs, even minor ones, or price adjustments, sometimes just on buyer’s principle.

While some houses are very well-maintained and certain issues may be obvious to experienced homeowners or those in the trades, many issues are not. Structural concerns, aging systems, or other items are often only discovered by trained inspectors.

Buyers who waived inspections frequently faced repair costs after closing, expenses that could have been addressed had an inspection taken place. Inspections are not foolproof, but they provide a critical “be prepared” mindset that many new homeowners lacked.

Under the new law, neither a buyer nor their agent may tell a listing agent that the buyer intends to waive an inspection. Doing so, even casually, can carry serious consequences. No one is forcing a buyer to conduct an inspection; it is simply their right. If a buyer chooses to expire the contingency period to voluntarily, that decision is their own.

Some exceptions apply, including private family or estate transfers, divorce-related sales, foreclosures, and certain new-construction transactions completed prior to occupancy.

Interestingly, we are beginning to see sellers who once waived their own inspections coming on the market. While property conditions naturally change over time, some issues may have existed for years. I recently encountered a sale where a buyer’s inspection revealed concerns that could have been addressed long ago had the seller not waived the inspection; one of countless examples emerging statewide.

The positive takeaway is that sellers can take proactive steps before listing to prepare not just for buyers, but for inspectors as well. Buyers can finally breathe easier, knowing they are no longer competing against inspection-waived offers. In the long run, increased awareness of home maintenance and condition will benefit homeowners, buyers, and the Massachusetts housing market as a whole.

For full details, visit: Residential Home Inspections | Mass.gov.

Jennifer Juliano, REALTOR®

Keller Williams Realty Boston-MetroWest

Member: KW Luxury Homes

Mobile: (508) 294-0778

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