As of October 15, 2025, Massachusetts has made a major change to the residential real estate landscape—one that directly impacts how offers are made and accepted.
If you’ve bought or sold property in the past few years, you’ve likely seen (or used) the strategy of waiving the home inspection to win a bidding war. That practice is now largely restricted under new Massachusetts law.
But like most things in real estate, the reality is more nuanced.
Let’s break down what this new law actually means—and how it affects you.
Why Massachusetts Changed the Law
Over the past several years, Massachusetts has been a highly competitive seller’s market, where buyers often felt pressured to waive inspections just to get their offer accepted.
The state viewed this as a consumer protection issue.
Home inspections are critical because they help buyers:
Identify structural or safety issues
Avoid unexpected repair costs
Make informed financial decisions
The new law, part of the Affordable Homes Act, is designed to level the playing field and protect buyers from being forced into risky decisions.
What the New Law Actually Prohibits
The new regulation changes the rules in several key ways:
1. Sellers Can No Longer Require Inspection Waivers
A seller (or listing agent) cannot condition acceptance of an offer on the buyer agreeing to waive a home inspection.
2. Buyers Cannot Use Waivers as a Competitive Tool
Offers that include a waiver of inspection should not be used as a way to gain an advantage in bidding situations, and sellers are restricted from encouraging or relying on that factor.
3. No “Backdoor” Pressure
Sellers and agents are prohibited from directly or indirectly influencing a buyer to waive their inspection rights.
The Most Important Point: Buyers Still Can Waive an Inspection
Here’s where the law surprises many people:
👉 Inspection waivers are not illegal.
A buyer can still waive a home inspection—but only if:
It is completely voluntary, and
It occurs without pressure or influence from the seller or agent
In other words, the law eliminates coercion—not choice.
New Mandatory Disclosure Requirement
One of the biggest practical changes is the introduction of a required disclosure:
Massachusetts Mandatory Home Inspection Disclosure
Must be provided at the first written contract (Offer or Purchase and Sale Agreement)
Must be signed by both parties
Confirms the buyer’s right to obtain an inspection
Failure to properly handle this disclosure can create serious legal exposure, including potential Chapter 93A claims.
What About “As-Is” Sales?
Good news for sellers:
✔️ “As-is” sales are still allowed
The law does not:
Require sellers to make repairs
Require price reductions
Prevent negotiation over inspection issues
It simply ensures the buyer has the opportunity to inspect before making that decision.
Important Exceptions to the Law
The law applies broadly—but not universally.
Common exceptions include:
Family transfers
Estate or trust transactions
Foreclosures and short sales
Certain new construction transactions
Contracts entered into before October 15, 2025
In these situations, the inspection disclosure requirements may not apply in the same way.
How This Changes Real Estate Strategy
For Buyers
You no longer need to risk buying a home without an inspection to stay competitive
Expect more balanced negotiations
Inspections are becoming standard again
For Sellers
You can no longer use “waive inspection” as a screening tool
Offers may be less aggressive but more reliable
Pricing and overall terms matter more
For Agents and Attorneys
Strict compliance is critical
The disclosure requirement is now a mandatory part of the transaction
Mistakes can lead to legal and licensing consequences
Practical Takeaway
This law is a consumer protection measure—not a market disruption.
It doesn’t eliminate flexibility. It ensures:
Buyers are informed
Sellers are transparent
Transactions are negotiated fairly
We are likely to see a return to more traditional real estate practices, where inspections play a central role in the process.
Final Thoughts
Massachusetts has taken a meaningful step toward protecting homebuyers in a competitive market.
At the same time, the law introduces new compliance requirements and strategic considerations that both buyers and sellers need to understand.
If you are buying or selling a home in Massachusetts, it is critical to work with professionals who understand how this law applies to your specific transaction.
Contact the Law Offices of Scott M. Syat, P.C.
If you have questions about how the new home inspection law affects your purchase or sale, contact:
Law Offices of Scott M. Syat, P.C.
📞 (617) 773-3500
Speak directly with Attorney Scott Syat to ensure your transaction is handled properly from start to finish.