Why did Massachusetts propose a new regulation regarding home inspection waivers?

Massachusetts introduced 760 CMR 74.00 to address a rising issue in the real estate market—homebuyers feeling compelled to waive inspections just to compete. The regulation promotes fairer transactions by ensuring buyers can exercise their inspection rights without losing out in bidding wars.

The Problem the Regulation Aims to Solve

In recent years, especially in hot markets like Greater Boston:

• Buyers Were Pressured: Many felt forced to waive inspections to make their offer more appealing.
• Uninspected Homes Sold Quickly: This led to hidden defects and costly surprises after closing.
• Equity and Safety Were at Risk: First-time buyers and lower-income households were especially vulnerable.

How the Regulation Helps Buyers

The Massachusetts home inspection regulation (760 CMR 74.00) is intended to:

• Protect Buyer Rights: Ensure all buyers have the opportunity to conduct a full inspection.
• Promote Transparency: Sellers can no longer favor waived inspections as part of their decision-making.
• Create a Fairer Market: Offers will be evaluated on terms, not waived protections.

For more information on your inspection rights, visit the Massachusetts Board of Registration of Home Inspectors.

MKC Associates supports buyer advocacy and is committed to thorough, independent home inspections for every client.