Recent changes in Massachusetts real estate practices are monumental and will have lasting impacts on consumers and agents alike. Many remember hearing about or experiencing a house sale with multiple offers, and some buyers chose or felt compelled to waive the home inspection to remain competitive. In Massachusetts, those days are officially over.
According to Mass.gov, as of October 15, 2025, Massachusetts adopted a first-in-the-nation regulation, 760 CMR 74.00, under the Affordable Homes Act. This regulation prohibits sellers or their agents from conditioning the acceptance of an offer on the buyer waiving a home inspection contingency. Inspection waivers can no longer be used as a bargaining chip.
This regulation was years in the making and reflects growing concerns over buyer protection during a competitive housing market. Now every buyer who submits an offer on a residential property has the right to a home inspection within a reasonable period after acceptance, typically about a week. It is important to understand what this right does and does not mean. An inspection does not obligate a seller to repair or replace anything, just as it did not before. Repair requests remain negotiable and are handled on a case-by-case basis…