One of the most challenging aspects of buying a home is knowing exactly what you’re purchasing. Does the roof leak? Is the foundation sound? Is the electrical wiring in good shape? Which is why it’s always a wise idea to have a certified home inspector check out the property before the sale is finalized.
Given today’s competitive housing market, however, it’s become more common for purchasers to waive a home inspection, in order to make their offer more attractive to the seller. Some sellers, in turn, have made waiving the inspection a condition for accepting a buyer’s bid. But that practice is now illegal in Massachusetts as of October 2025, when new regulations required by the 2024 statue, “An Act Relative to the Affordable Homes Act,” went into effect.
Among other topics, the new regulations impact certain residential home inspection procedures, to ensure that buyers can make informed decisions regarding the repair needs, safety concerns, and financial implications of the home they are offering to purchase.
Waiving a Home Inspection Cannot Be Used as a Bargaining Chip
In particular, the regulations prohibit a seller from selling a home with the express condition that the buyer waive an inspection. Furthermore, a seller cannot accept an offer if they are informed in advance that the buyer intends to waive an inspection. A buyer may still choose to waive an inspection, but they must do so without any influence from the seller and after certain disclosures are made.
To that end, the regulations require a new “Massachusetts Mandatory Residential Home Inspection Disclosure” that informs buyers of their right to conduct a home inspection as well as to review the results before moving forward. This disclosure must be signed no later than the first offer to purchase.
The new regulations also contemplate and seek to eliminate certain workarounds to avoid these stricter requirements. Contract provisions that would essentially undermine a home inspection and render it meaningless—such as providing an unrealistic time period to complete the inspection—are banned. Other contract provisions are still allowed, such as setting a monetary threshold for repair costs or refunding a deposit based on inspection results.
Certain Residential Real Estate Transactions Are Exempt
These new regulations apply to “residential” properties, defined as residential buildings of 1-4 units, single family houses, condominium units within a building of any size, and residential co-op sales. Not all residential sales are included, however; certain transactions are exempt, such as sales between relatives, foreclosures, estate planning transfers to relatives, and pre-completion sales of new construction homes.
While these regulations will certainly impact negotiation strategy, the law promises to make residential property sales more transparent by guaranteeing the buyer’s opportunity to conduct a home inspection and gather essential information before signing a Purchase & Sale Agreement. Our real estate attorneys at Mountain Dearborn are pleased to answer your questions about your rights to a home inspection and other legal details of property transactions. Please contact us here.
Image: Roman Denisenko
