Effective October 15, 2025, Massachusetts will enforce strict limits on when and how home inspection rights can be waived in residential real estate transactions. This is a major shift for buyers, sellers, and agents alike—and it’s designed to protect consumer rights while promoting transparency in the home buying process.
What's Changing?
No Pressure to Waive Home Inspections
Sellers (and their agents) cannot condition acceptance of an offer on the buyer agreeing to waive a home inspection—even partially.
Disclosure Form Now Required
A mandatory written disclosure must be signed by both buyer and seller—stating that the buyer is not waiving their right to a home inspection unless voluntarily, and not under pressure.
No Hidden Clauses
Contracts cannot include language that renders a home inspection meaningless (e.g., denying access, unreasonable limits, or deadlines).
Voluntary Waivers Allowed—But Only After Acceptance
Buyers can waive inspections after their offer has been accepted, but only if it’s clear they’re doing so freely, without seller influence.
Violations = Legal Consequences
Sellers and agents who don’t comply may face action under M.G.L. c. 93A, Massachusetts’ consumer protection law
Impact on Buyers
More protection, less pressure in competitive markets
Greater confidence in making informed decisions
Stronger legal standing if the transaction goes sideways
Impact on Sellers
No more prioritizing “clean offers” with waived inspections
Must provide written acknowledgment of buyer inspection rights
Could face legal and financial consequences if rules are ignored
For Agents and Brokers
Required to deliver and collect signed disclosure forms
May be held liable for deceptive practices under Chapter 93A
Must ensure buyers have a reasonable opportunity to inspect
Board of Registration can pursue license violations for non-compliance
The Bottom Line
This law rebalances the playing field. It ensures buyers don’t waive their rights out of desperation and encourages sellers to present homes with transparency. As with any regulatory shift, having a knowledgeable real estate professional to guide you is more important than ever.
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