Can I accept an offer that includes a preemptive waiver?

No. You must reject any offer that includes a waiver unless it falls under an exemption (e.g., auction, family sale, etc.).

Massachusetts Seller Offer Rules for Preemptive Inspection Waivers

In Massachusetts, new regulation 760 CMR 74.00 ensures that homebuyers cannot be forced—or even subtly encouraged—to waive their right to a home inspection as a condition of making an offer. Sellers must know when it’s legal to accept an offer and when it’s not.

Why Preemptive Waivers Are Prohibited

Under the regulation:

Exceptions Where Rules Don’t Apply

You may be able to accept an offer including a waiver if the transaction involves:

For a detailed list of exemptions, visit the Massachusetts Board of Registration of Home Inspectors.

MKC Associates advises sellers to review all offers carefully and seek legal guidance to ensure compliance with 760 CMR 74.00.

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