After a home buyer’s offer is accepted, a property needs to be inspected by a licensed inspector. The inspector assesses the property’s major systems, structure and safety features so the buyer can make an informed decision.
It’s not uncommon for a buyer to skip a professional inspection or remove the inspection contingency from a purchase contract. They typically do so to make their offers more attractive than competing bids. Here is what to know about a residential home inspection waiver in Massachusetts.
No forced waivers
It’s unlawful for a seller in Massachusetts to force or encourage a buyer to skip an inspection. A law that became effective last October prohibits sellers and their agents from requiring or encouraging buyers to waive their right to a property inspection as a condition for an offer to be accepted. This law can only be exempted in limited, clearly defined transactions, such as in family transfers, foreclosures, short sales, auction sales or estate planning transfers.
Additionally, a seller cannot accept an initial offer that waives or includes language signaling an intent to waive the right to an inspection. Before or at the signing of the first purchase contract, a seller must provide a disclosure form affirming the buyer’s right to a home inspection. After an offer is accepted is when a buyer can voluntarily decide to skip an inspection.
The law also prohibits contract provisions that effectively render a home inspection meaningless. Prohibited provisions include giving a buyer an impossible time limit to complete an inspection and make a decision or stating that an inspection results cannot be used to negotiate repairs or exit the contract under any circumstances.
Residential home inspection waivers in Massachusetts are often misunderstood. Learn more about this aspect to protect your interests.