Everything Buyers, Sellers, and Agents Need to Know: New Disclosure Form, As-Is Sales Still OK, Exemptions, and Other Changes to Current Practice
Starting October 15, 2025, Massachusetts joined a small handful of states that ban sellers and agents from forcing homebuyers to waive their right to a home inspection. The new regulation — 760 CMR 74.00 — Residential Home Inspection Waivers (PDF) — was adopted by the Department of Housing and Community Development to crack down on the increasingly common practice of pressuring buyers into waiving inspections just to “win” a bidding war.
What the New Law Says
- No Forced Waivers. A seller (or their agent) cannot condition acceptance of an offer on the buyer agreeing to waive or restrict a home inspection.
- No Back-Door Waivers. Sellers also cannot accept an offer if they know — directly or indirectly — that the buyer intends to waive an inspection.
- Buyer’s Choice. Importantly, buyers can still decide, on their own, after signing and receiving the disclosure, to waive or limit an inspection. The difference is: sellers can’t demand it up front.
- Mandatory Disclosure. At the time of the first written contract (Offer to Purchase or P&S), the seller must give the buyer a new Massachusetts Mandatory Residential Home Inspection Disclosure Form signed by both parties, confirming the buyer’s right to an inspection.
- As-Is Sale Still Allowed. Sellers can still insist on an “as-is” sale provision in a purchase and sale agreement which effectively bars a buyer from making a property condition claim after the closing. Nothing in the new law requires a seller to agree to make repairs or improvements, or agree on a price reduction, based on the results of a home inspection. Of course, the parties can still negotiate and agree on these matters as we have always done.
- Meaningful Inspections Only. Contract clauses that make an inspection effectively impossible — for example, giving…