Most people don’t pay attention to real estate laws and regulations until they’re preparing to buy or sell a home – if they even do then. However, they can make a big difference in homebuyers’ and sellers’ rights and protections.
This October, a new regulation took effect in Massachusetts as part of the state’s Affordable Homes Act. It prohibits sellers or real estate professionals from requiring buyers to waive their right to an inspection. Further, a seller can’t accept an offer “indicating that a buyer intends to waive a home inspection.”
Further, sellers are now required to provide potential buyers with a separate written disclosure stating that whether their offer is accepted is not contingent on their choosing to waive the inspection.
“A leading example of home inspection protections”
The EOHLC pushed for the new regulation because, increasingly, “homebuyers have too often been pressured to choose not to have a home inspection so their offer to purchase will be considered competitive.” The EOHLC calls it “a leading example of home inspection protections for homebuyers in the country.”
An official with the group says, “Homebuyers must have the ability to make informed financial decisions and be given a clear picture of needed repairs or safety issues that could arise.”
There are some limited exceptions – for example, for sales within a family or as part of someone’s estate. There’s also an exception for new construction pre-sales, but only if “the purchase contract is signed before substantial completion and the seller offers at a minimum a one-year express written warranty.”
Buyers can still waive their right to an inspection by a licensed professional before signing a purchase agreement. If they do that, however, they could face serious and expensive consequences if any necessary repairs or safety issues that an inspection they waived would have discovered are discovered later. The new regulation applies to sales after Oct. 15, 2025.
A home purchase or sale is typically one of the largest transactions most people make in their lives. With so much at stake, it’s critical to protect your rights. It can be highly worthwhile to have sound legal guidance.