Can I include language in the contract that limits inspection rights?

No. Clauses that “render a home inspection meaningless”—such as limited access, non-refundable deposits, or non-negotiable defects—are prohibited.

Massachusetts Inspection Contract Limits Under 760 CMR 74.00

The new regulation 760 CMR 74.00 aims to protect the integrity of the home inspection process. Sellers may not insert contract terms that undermine or restrict a buyer’s legal right to a meaningful home inspection. Doing so could result in legal consequences under Massachusetts consumer protection laws.

Examples of Prohibited Contract Clauses

Sellers cannot include language that:

Why These Restrictions Exist

Massachusetts inspection contract limits ensure:

For official contract guidelines, visit the Massachusetts Board of Registration of Home Inspectors.

MKC Associates encourages sellers to work with real estate professionals familiar with 760 CMR 74.00 to avoid problematic contract language.

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