Starting 10/15/25, Buyers can’t offer to waive their home inspections (HI) to set their offer apart from other buyers. With the super competitive market buyers have faced in recent years, many have willingly used this tactic to make their offer stand out from the crowd of competing offers they were up against at every listing.
The new rules are part of the Affordable Homes Act, Governor Healey signed into Law last year. This is Law. I’m not an attorney & this isn’t legal advice. I’m a Realtor with years of experience though &, as such, I have an opinion on everything. 
Here’s the 8 key aspects of this rule that buyers & sellers need to be aware of:
1. Sellers must provide a written disclosure to potential buyers affirming the buyer’s right to a home inspection(HI).
2. Seller’s agents must provide a signed disclosure form as well, affirming the buyer’s right to an HI.
3. Sellers & their agents are prohibited from suggesting in any way that waiving an HI might make a good offer great.
4. To avoid possible litigation, Sellers must reject offers that include an HI waiver.
5. Offers can’t include any terms that would weaken an HI’s thoroughness or usefulness. Repair caps can still be used, but the HI must be complete to MA Guidelines.
6. HI’s must be conducted by a licensed home inspector, following MA guidelines for HI. No more buyers using your cousin the builder to save a few bucks & steer the HI results.
7. The new rule applies to most residential transactions. Some estate sales & new construction(prior to substantial completion of the property) could be exempted. Notice the sort of wishy-washy language there…I feel that makes it still very risky.
8. Violations of the rule will be treated as unfair or deceptive acts & be subject to legal & regulatory penalties. That means sellers & their agents could pay a steep price for skirting this rule.
Proponents of the bill thought this was a great idea, because developers, flippers & such have deeper pockets than most “Regular Guy” buyers. They can afford to take the risks that might bankrupt a 1st time homebuyer. This evens that playing field. Buyers must have a clear picture of the property they’re buying, whether they want it or not.
Opponents of the bill cite that instead of helping a 1st time homebuyer, the rule kneecaps that buyer’s best tool to stand out from a crowd of other, just as eager, buyers. Now, they’re in direct competition with the deep pockets of developers, flippers, etc. The developers, etc. & 1st time homebuyers now have to compete on how deep their pockets are. Which one wins that battle?
Both sides have good points. Both sides are still arguing it out. I never recommend to my buyers the waiving of a home inspection, the risk is too great and the costs of not having one can be crippling financially. If a buyer has told me to do it anyway, in the past, I had to do it. It wasn’t illegal, just risky.
That said…It’s Law now & we all have to deal with that smartly, carefully & with eyes wide open. Seller’s pick your Realtor well, then listen to them. Good representation(you know, like me & my friends at Brook Realty) is more important than ever.
Have Fun!
Lew McConkey, Realtor/Notary
Brook Realty, Serving Whitman Hanson & Surrounding Towns
(781)252-9789
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