From Now On, Home Inspections Can’t Be Waived Upfront in Massachusetts

New law this year! It’s about waiving home inspections (and about Massachusetts not liking that).

It took effect on October 15, with the purpose of stopping home sellers and their agents from expecting buyers to waive home inspections. Here, we outline what it means for you, if you’re thinking about a Massachusetts real estate transaction.

As for the rest of us, will this kind of law be a trendsetter? Let’s take a look.

What the New Law Does

The new state form tells buyers they have a right to an inspection and a “reasonable period” to reconsider their purchase decision based on the inspection report. This comes with a new provision, Residential Home Inspection Waivers, in the Affordable Homes Act. In a nutshell:  

• When the buyer submits an offer or there’s a purchase and sale agreement, the seller must give the buyer the Mandatory Residential Home Inspection Disclosure Form to be signed by both parties.

• Every residential transaction, condos included, now requires the new disclosure form, affirming the buyer’s right to have the home inspected by a licensed home inspector.

• Sellers or their agents may not suggest that buyers waive a home inspection.

• If a purchase offer states the buyer will waive an inspection, a home seller may not accept it.

• Both parties sign this disclosure form before or when they sign their first written contract.

• The standard Massachusetts purchase contract now has a clause declaring the buyer’s right to a home inspection under the law.

In short, sellers aren’t allowed to accept an offer if they know (whether through a written document or a verbal statement) that the buyer intends to waive the inspection. If you’re selling, you’re signing a disclosure affirming that your acceptance of the buyer’s offer won’t hinge on whether they order a home inspection.

Find the new, single-page form at the Mass.gov website. Fill in the address of the home, the date the form is signed by the parties, plus the selling agent’s acknowledgment that the form was provided. Both parties receive and keep the completed, signed form.

What the New Law Doesn’t Affect

There are exceptions. The new law does not apply to:

• Family, divorce, or related-party and trust transfers.

• Foreclosures, deeds-in-lieu of foreclosures, and auction sales

• Certain sales of unfinished construction with at least a one-year warranty.

Also, it bears repeating that buyers may waive an inspection. Buyers may opt, on their own, after signing and receiving the disclosure, to waive or limit an inspection. But sellers can’t ask for this up front.

Deciding to waive the inspection after receiving the form? That’s OK. Include the waiver in your purchase agreement. Be sure to cite the new law, 760 CMR 74.00, showing that the buyer has received the disclosure form, abides by it, and waives voluntarily.

Indeed, sellers can still insist on an “as-is” sale through their purchase agreement, so that the buyer agrees not to make claims for defects. The new law does not mean a seller is agreeing to make repairs or negotiate the price once the inspection report comes back. The parties may negotiate as they see fit.

To quote Darin Thompson at the Stuart St. James brokerage firm in Boston:

Buyers can still walk away based on inspection results. They still have a reasonable period after signing to inspect. But now, the right to inspect (and potentially withdraw) is built-in, not a bargaining chip.

Buying without an agent? Be sure you get and sign the disclosure before giving the seller any written offer or agreement.

Why the New Law Was Considered Necessary

You might wonder if this law is actually needed. After all, if we’re not in a heated market, is anyone suggesting that buyers waive inspections?

Well, it seems that the answer is yes. According to the National Association of REALTORS® (NAR), in September 2025, a fifth of the buyers working with NAR agents waived the inspection contingency. The figure has been rising over the past year.

Waiving an inspection has become a tactic to save the seller trouble, win over the seller, and get to closing promptly. Here’s the rub. In some Massachusetts homes, buyers are discovering a “fool’s foundation” problem. This is where a foundation is cracking on account of the builder’s use of a mineral called pyrrhotite, which causes cracks to form and spread. The problem was first diagnosed in Connecticut homes. Home insurance doesn’t cover the necessary remediation. Typically, it requires taking a home off its foundation to rebuild it. The price of this operation will go well into the six figures.

Of course, there are plenty of defects unrelated to pyrrhotite that a buyer would want to know about. Old electric wiring, mold issues, and so forth.

Home buyers need to know the value of what they buy. The new rule prioritizes transparency and due diligence. It gives parties support as they navigate the best way to resolve any serious physical defects or safety hazards that could be invisible on a home tour.

Raising the Bar? Or Going Too Far?

The new law received bipartisan support. And it can set the standard for consumer protection anywhere homes are bought and sold. It is probably an early example of a growing trend. To the extent this unfolds, buyers may well be saved from distressing findings after closing day.

That said, there are critics. Some say the policy goes too far, hindering agents from negotiating as their clients expect them to do. Consider that the new law rules out even mentioning an intended waiver in an offer or purchase agreement.

At the end of the day, the rule is good for home inspectors, and really just restores their importance in the workings of real estate transfers. Most sellers can live with that — especially when they sell with the intent of becoming home buyers themselves.