Are there exceptions where the regulation doesn’t apply?

While 760 CMR 74.00 is designed to protect most Massachusetts homebuyers, there are specific types of transactions where the regulation does not apply. Understanding these exceptions helps both buyers and sellers remain compliant and avoid misunderstandings.

Types of Transactions Exempt from the Regulation

The following sales are exempt from Massachusetts inspection law requirements:

• Auctions: Properties sold through public bidding.
• Family Sales: Transactions between immediate family members or ex-spouses.
• Foreclosures and Court-Ordered Sales: Properties sold under legal orders.
• Certain New Construction Sales: Homes sold pre-completion with a one-year builder warranty.

Why Exceptions Exist

These exceptions exist because:

• Some transactions involve unique legal processes (e.g., foreclosure sales).
• Sales between family members may be subject to different legal considerations.
• New construction often includes warranties that serve similar consumer-protection purposes.

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

MKC Associates encourages buyers to ask about any exemptions that may apply to their specific transaction. Contact us for guidance tailored to your property purchase.