No, certain transactions are exempt from the proposed regulation. These include sales between immediate family members, court-ordered sales, auctions conducted by licensed auctioneers, and specific trust transfers. The rule primarily applies to standard residential real estate transactions.
The proposed home inspection waiver regulation—760 CMR 74.00—aims to protect buyers in most traditional residential real estate transactions. However, not all types of sales fall under its scope. Understanding the exemptions helps buyers, sellers, and agents remain compliant.
The following real estate transactions are excluded from the Massachusetts inspection waiver rule:
760 CMR 74.00 applies primarily to:
These are the transactions where inspection waivers have most commonly been used to pressure buyers, prompting the regulatory response.
For a full breakdown of exemptions, visit the Massachusetts Board of Registration of Home Inspectors.
MKC Associates is here to help buyers and sellers understand where the law applies and ensure every transaction remains ethical and transparent.
If you’re ready to take the next step toward a lifelong dream, schedule your property inspection today. Our team is available 7 days a week to deliver outstanding inspections and best-in-class service. Call to ask about our discounts for teachers, police, firefighters, veterans, active-duty military, seniors, and repeat customers.
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