On July 4th, this year, I posted this:
It’s got many of the details about a new Massachusetts law that outlaws & establishes penalties for accepting an offer that includes the waiver of a home inspection. Buyers have been using this powerful, but potentially dangerous tactic(for buyers) for years to make their offers so much sweeter to a seller, hoping their offer would stand out from all the other competing offers flooding sellers.
Starting in 26 days, on Oct. 15th, the law becomes active, as do the penalties to the seller & seller’s agent for engineering or accepting such an offer. There’s even potential penalties for the seller & their agent for accepting an offer from someone who only suggested they might waive the inspection in communication outside of the written offer, say via email, text or verbally. So a wink & a nod, whispered backroom machinations can also get you in trouble. Like I said in July, this law uses wishy-washy, wiggle words, so be extra careful in interpreting and acting on it.
Those penalties can include a seller & their agent being liable for damages in an unfair or deceptive act lawsuit with potentially high damages being awarded & non-compliance fines being levied. The seller & their agent will also have new mandatory forms to sign, for their own protection, affirming the right of the buyer to a full & complete home inspection, by MA guidelines, performed by a licensed home inspector. Penalties can be levied for not having those forms filled out. Your seller’s Realtor will know all about these forms & when to use them.
It’s on the seller & the seller’s agent to know this in effect & to have any buyer that sends you an offer, including that Home Inspection waiver, re-write their offer without that little perk included. Taking the necessary steps can save you a ton in penalties, fines, legal bills, court fees, etc. That all sounds scary, I know, but that’s just one of the reasons why you have a Realtor, to guide you through the complex labyrinth of the MA regulatory environment.
If you have any questions, please don’t hesitate to reach out to me for a free, no obligation consultation. I’ll bring the coffee. 
Have Fun!
Lew McConkey, Realtor/Notary
Brook Realty, Serving Whitman Hanson & Surrounding Towns
(781)252-9789
If you have questions about your place in the current Real Estate market, as a buyer, seller or Landlord,
Please feel free to call text or email for your free, no obligation consultation.
