If you’ve been house hunting in Massachusetts over the last few years, you know the drill — you fall in love with a home, write a great offer, and then… feel pressured to waive your inspection just to compete. Well, good news: that’s about to change.

Starting October 15, 2025, new Massachusetts regulations (760 CMR 74.00) will protect your right to a home inspection — no more “inspection or no deal” situations. It’s a big win for buyers and a long-overdue step toward a more balanced market.

What’s Changing

At the heart of the new rule:
Sellers and their agents can no longer require or even encourage you to waive your home inspection.

That means:

• No more “inspection waivers required” just to have your offer considered.

• No preemptive waivers — those “I’ll skip the inspection” lines that used to make offers look stronger are officially off the table.

• No sneaky loopholes like unreasonably short inspection windows or clauses that make an inspection meaningless.

Essentially, if you want an inspection, you get one. Period.

The New Form You’ll See

There’s now a Mandatory Residential Home Inspection Disclosure form that both buyers and sellers have to sign before the first offer or purchase agreement.

Here’s what it says in plain English:

1. Buyers: You have the right to hire a licensed home inspector of your choice.

2. Sellers: You can’t make a buyer give up that right to get the deal.

3. Everyone: If an inspection is happening, there has to be a reasonable window of time to do it.

Simple, clear, and fair.

Do You Have To Get an Inspection?

Nope! You still get to decide. This just guarantees that the decision is yours — not something you’re forced into because of market pressure.

If you want to skip an inspection for your own reasons (say, you’re a contractor or just really trust the property), that’s still allowed. The key is that it has to be your choice, not the seller’s demand.

A Few Exceptions

There are a few narrow cases where these new rules don’t apply, including:

• Sales between family members.

• Foreclosure or auction sales.

• Some new construction homes, if they come with a one-year warranty.

But for most typical home sales — single-family homes, condos, and multi-family properties up to four units — these protections are in full effect.

Why It Matters

Buying a home is likely the biggest financial decision of your life. You deserve to know what you’re buying without having to gamble on hidden problems just to “win” the offer.

For buyers, this change means peace of mind and a level playing field.
For sellers and agents, it means a clearer, more transparent process.

At the end of the day, it’s about building trust and making homeownership in Massachusetts just a little less stressful. And we’re all for that.

If you want to talk through how these changes might impact your buying or selling strategy, reach out to The Cape House Team — we’re here to help you navigate every step (and now, every inspection) with confidence.