Buying a home is one of the biggest financial decisions most people make. In a market like Massachusetts where bidding wars, waived contingencies and aggressive offers have become the norm. Buyers often feel pressured to skip or weaken their inspection rights just to be competitive. The new regulation under Affordable Homes Act (passed August 2024) changes that dynamic.
What the new regulation does:
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No seller/agent may condition acceptance of an offer on the buyer’s waiver (or limitation) of a home inspection right.
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Sellers must provide a separate written disclosure affirming the buyer’s right to a home inspection. Both buyer and seller must sign.
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The regulation applies to residential buildings of 1-4 units, condos and co-ops used as homes.
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Buyers may still choose not to inspect but the decision must be their free choice, not pressured or influenced by the seller.
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Contract provisions that effectively undermine an inspection (for example unreasonably restricting scheduling, disclaiming meaningful review rights) are prohibited.
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Exemptions include: sales between relatives, sales under estate planning tools, foreclosures, pre-completion sales of newly constructed homes (when certain warranties are provided).
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Implementation timeline: The regulation becomes applicable for sales after October 15, 2025, allowing the industry time to adjust.
Why it matters:
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Historically many buyers in Massachusetts felt forced (implicitly or explicitly) to waive inspection rights to have their offer considered in competitive markets.
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Skipping inspections can result in costly surprises later (foundation issues, hidden wiring, expensive repairs).
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The regulation helps level the playing field—especially for first-time buyers who may not have deep pockets or appetite for risk.
What agents should do (and what buyers should know):
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Agents representing sellers must ensure they do not solicit or accept offers contingent on inspection waivers or signals of waivers. Forms and contract language may need updating.
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Agents representing buyers should educate clients about their uninterrupted right to a full inspection, and that they need not give up that right to compete.
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Buyers should still plan for a professional inspection by a licensed home inspector in Massachusetts, schedule it promptly, and include review rights in their offer/contract. They should also sign the disclosure confirming they’ve been informed of their inspection rights.
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Update standard documents: Listing agreements, purchase & sale agreements, inspection contingencies, disclosure forms—all should reflect compliance with the new rule.
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Pay attention to timing: For deals closing after October 15, 2025, ensure the new regulation’s requirements (disclosure, non-waiver condition) are satisfied.
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Know the exemptions: For example, if a contract was signed before the effective date, or it’s a newly constructed home under warranty, different rules may apply.
Potential challenges / considerations:
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In ultra competitive markets, buyers may feel they have fewer tools (e.g., waiving inspection contingencies) to sweeten offers — so they’ll need to rely more on other offer strength factors (price, timing, contingencies).
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Sellers and listing agents may worry about losing leverage but the intention is to protect fairness and transparency, not to hinder market functioning.
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Both sides must be vigilant: failure to provide the required disclosure or to avoid conditioning offers on waivers can trigger enforcement under state consumer protection laws.
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For buyers in Massachusetts, this is a meaningful win: the right to a home inspection is now supported by regulatory teeth.
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For agents, it means updating practices, forms and client education.
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What you can do? Make sure your contract workflow is aligned. Whether you represent buyers or sellers, understanding and adapting to this new rule is essential for smooth transactions and protecting client interests.
