Massachusetts Law Update: Buyers Cannot Waive Their Right to a Home Inspection

As a Massachusetts Realtor, I want my clients to feel informed, protected, and confident when buying a home. A new Massachusetts real estate law is doing exactly that by changing how home inspections are handled — and it’s important to understand what it does and does not mean.

Here’s the key takeaway:

Buyers in Massachusetts cannot waive their right to a home inspection during the offer process.
However, buyers may still choose not to conduct an inspection after their offer is accepted.

That distinction matters.

What the New Massachusetts Home Inspection Law Actually Says

Under the new law, a buyer’s right to a home inspection is protected by law and cannot be waived as part of an offer.

This means:

• Sellers cannot require inspection waivers
• Listing agents cannot suggest waiving inspections to strengthen an offer
• Buyers cannot agree, in writing, to waive their inspection rights when submitting an offer

The goal of the law is to eliminate pressure tactics that became common in competitive markets and to ensure buyers have the opportunity to make informed decisions.

Can a Buyer Decide Not to Have an Inspection?

Yes, but only after the offer is accepted.

Once under contract, a buyer may choose:

• To conduct a full home inspection
• To conduct a limited inspection
• Or to decline an inspection altogether

The critical point is that the choice must happen after acceptance, not as a condition of winning the home.

Why This Change Is Important for Massachusetts Buyers

Over the past several years, many buyers felt forced to waive inspections just to compete — often without fully understanding the risks involved.

This law protects buyers by:

• Ensuring inspections are an option, not a bargaining chip
• Reducing financial surprises after closing
• Promoting transparency and informed decision-making

Buying a home is one of the largest investments you’ll ever make. You deserve the opportunity to understand what you’re buying.

What Sellers Need to Know

If you’re selling a home in Massachusetts, this law doesn’t mean your deal is at risk — it simply means the process is more transparent.

Strong, well-prepared homes continue to sell successfully. Sellers can still:

• Price competitively
• Receive multiple offers
• Negotiate inspection terms fairly after acceptance

Working with a knowledgeable Realtor ensures you stay compliant with the law while still protecting your bottom line.

How This Impacts the Massachusetts Real Estate Market

This law creates a healthier marketplace by:

• Removing pressure-based negotiations
• Encouraging better communication
• Protecting buyers without harming sellers

Ultimately, it supports smoother transactions and more confident clients on both sides.

Why Working With a Local Massachusetts Realtor Matters

Real estate laws change, and the details matter. Understanding when and how inspection decisions can be made is essential for writing strong, compliant offers.

If you’re buying or selling in Massachusetts and have questions about this new law or how it affects your situation, I’m here to help guide you every step of the way.

Jenna Levin
Massachusetts Realtor

Thinking about buying or selling in Massachusetts? Let’s connect.