What Buyers & Sellers in MA Should Expect
Under the New Home Inspection LawStarting October 15, 2025, Massachusetts buyers and sellers will need to adjust to a major shift in how home inspections are handled. Under 760 CMR 74.00: Residential Home Inspection Waivers, part of the Affordable Homes Act, buyers can no longer be pressured into waiving inspection rights — and sellers must provide a written disclosure affirming those rights.
This change is designed to level the playing field in competitive markets, but it will also affect negotiation strategies and closing timelines. Here’s what both sides should know.
For Buyers: Expanded Rights and Protections
- Guaranteed Inspection Option
Every buyer now has the right to hire a licensed home inspector and a reasonable time to complete the inspection. Waivers can no longer be required or even suggested. - Negotiating After Inspection
If the inspection reveals defects, buyers maintain the right to renegotiate, request repairs or credits, or walk away according to the terms of their purchase and sale agreement. - Reduced Pressure in Hot Markets
In past years, many buyers waived inspections just to compete with cash-heavy or fast-moving offers. This law ensures buyers won’t have to sacrifice due diligence for speed.
For Sellers: New Disclosure Obligations
Some buyers may still try to waive inspections voluntarily to appear competitive. Sellers and their agents need to know:
- Such provisions should be flagged and removed to comply with the law.
- Attorneys should review offers carefully and strike any prohibited terms.
- Accepting an offer that includes a waiver could expose the seller and agent to claims under Chapter 93A, Massachusetts’ consumer protection law.
Final Word
For buyers, the new inspection law provides peace of mind and protection from making high-stakes decisions without adequate information. For sellers, it adds a layer of compliance and documentation but also creates a more transparent, balanced market.
The key for both sides is preparation: buyers should budget for inspections and know how to use results in negotiations, while sellers must update disclosures and scrub old contract language. With proper guidance from agents and attorneys, these changes don’t have to slow down a sale — they can simply make it safer.
SOURCES
Massachusetts Executive Office of Housing and Livable Communities. (2025). Residential home inspection waivers: 760 CMR 74.00. Mass.gov. https://www.mass.gov/info-details/residential-home-inspections
Massachusetts General Laws ch. 93A (2025). Regulation of business practices for consumer protection. Massachusetts Legislature. https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93A
Commonwealth of Massachusetts. (2024). Affordable Homes Act: Summary and implementation updates. Mass.gov. https://www.mass.gov/news/affordable-homes-act
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