New Massachusetts Home Inspection Law 2025: You Can't Be Pressured to Waive a Home Inspection Anymore
- Stephen Gaspar
- Nov 3
- 3 min read
Updated: Nov 4
If you’ve been house hunting in Massachusetts recently, chances are you’ve heard it:
“To make your offer stronger, you should waive the home inspection.”

For years, buyers were pushed to give up one of the most important parts of the home-buying process - just to stay competitive in a hot market.
That’s no longer legal!
As of October 15, 2025, a new Massachusetts regulation makes it illegal for sellers or their agents to encourage or require you to waive your right to a home inspection in order to have your offer accepted.
Let’s break down what this means... and why it could save your health, your money, and your future.
WHAT THE NEW MASSACHUSETTS HOME INSPECTION LAW 2025 MEANS FOR HOMEBUYERS
Under the new regulation 760 CMR 74.00, effective October 15, 2025, sellers and real estate agents in Massachusetts can no longer make a home inspection waiver a condition of a purchase offer. In other words:
Sellers cannot accept an offer if the buyer has communicated they intend to waive the inspection. WBUR
Buyers are guaranteed the right to use a qualified home inspector of their choice and to schedule a proper inspection period. Mass.gov
The regulation applies to one‑ to four‑unit residential properties, condos, and co‑ops in Massachusetts.
YES - YOU CAN STILL CHOOSE TO WAIVE IT
You retain the right to waive the home inspection if you choose --- but the key change is under the new Massachusetts Home Inspection Law 2025, you won’t be pressured or penalized for keeping the inspection contingency. This levels the playing field and keeps you from being forced into skipping due diligence.

WHY THIS LAW MATTERS: BIG RISKS YOU MUST KNOW
Here’s the real deal: skipping a home inspection doesn’t just affect your wallet --- it impacts your health, safety, and financial stability. Imagine:
A beautifully renovated Massachusetts home with mold growth in the attic, living living spaces or ductwork, affecting indoor air quality and your family’s health.
Covered-up water damage only high-intensity lighting can expose, at the proper angles, sometimes exposing hidden damage, deceitful sellers, and lipstick wearing pigs (he, he)!
An open‑concept loft where the load‑bearing wall was removed without proper engineering, meaning the second floor is sagging and unsafe.
An older property with unsafe HVAC and electrical upgrades, where wiring is unpermitted and fire risk is high.
A charming Cape built in the 1940s with evidence a leaking oil tank, creating environmental liability and removal costs in the tens of thousands.
Those are the kinds of defects you’d uncover during a full home inspection. This law gives you the breathing room --- and legal protection --- to discover these issues before you buy.
WHAT YOU SHOULD DO (AS A BUYER IN MASSACHUSETTS)
✅ Schedule a licensed home inspection --- don’t skip it, even in competitive markets.
✅ Review and include an inspection contingency in your offer.
✅ Confirm you’ve received the required seller’s inspection‑rights disclosure before signing any contract.
✅ Hire an experienced inspector who knows Massachusetts building standards and historic homes.
✅ Use the inspection results to negotiate with clarity --- not under pressure.
✅ Walk away or renegotiate if the inspection reveals serious structural, safety, or major water/intrusion problems.

HOW THIS HELPS YOU
Search terms: “buyer rights home inspection Massachusetts”, “Massachusetts inspection protection law home buyers”
This new Massachusetts inspection law protects you --- the buyer --- from being pressured into waiving your inspection clause and losing your ability to back out of a purchase if big issues appear. You now have stronger rights, better transparency, and real leverage.
Want help understanding how this law affects your offer strategy? As a Massachusetts home inspector, I guide buyers step‑by‑step through the inspection process, help highlight serious defects (especially in older homes), and ensure you’re buying with full confidence - not risk.


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