What if I include a waiver in my offer to gain a competitive edge?

The seller is not legally allowed to accept your offer if it includes an upfront waiver. They must provide the disclosure first and cannot encourage the waiver.

Massachusetts Inspection Waiver Offers and Legal Limits Under 760 CMR 74.00

In Massachusetts’ competitive housing market, some buyers consider offering to waive inspections to strengthen their bid. However, under proposed regulation 760 CMR 74.00, this practice is restricted to protect buyers from pressure and maintain fair negotiations.

Why Waiver Offers Are Restricted

Under the regulation:

Risks of Attempting to Waive Inspections

Even if it feels like a way to win a bidding war, including a waiver:

For official rules and guidance, visit the Massachusetts Board of Registration of Home Inspectors.

MKC Associates recommends protecting your inspection rights to ensure a safe and informed home purchase—even in a competitive market.

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