760 CMR 74.00: The Dos and Don’ts for Agents, Buyers, and Sellers

Starting October 15, 2025, Massachusetts real estate professionals must operate under new rules governing home inspections. The regulation, 760 CMR 74.00, eliminates the ability for buyers to waive inspections and prohibits any direct or indirect suggestion that they intend to do so.

The new law changes how agents communicate, how showings are managed, and how offers are handled. Everyone involved in a real estate transaction needs to understand what is and is not permitted.

Here is a clear list of practical Dos and Don’ts for listing agents, buyer’s agents, buyers, and sellers.

For Listing Agents

Do: Educate your sellers

Explain how the law works and why inspection waivers are no longer allowed. Help them understand that buyers can no longer use waived inspections to appear stronger. The focus now should be on offer terms, price, and financial readiness.

Do: Set expectations for showings

When scheduling open houses or private showings, keep sessions to 30 to 60 minutes. Avoid long or overlapping viewing windows. Extended sessions can create opportunities for unauthorized pre-offer inspections, which may violate the regulation.

Do: Protect your client’s property

Remind sellers that they can deny anyone access for an inspection before an accepted offer. Also, be aware that many inspectors’ insurance coverage only applies after a contract is in place. If someone damages property during an unauthorized inspection, liability may be unclear.

Do: Stay transparent with buyers’ agents

If a buyer’s agent asks about a pre-offer inspection, respond clearly that you will not preference or consider their offer based on that action. State that your client is following 760 CMR 74.00 and will review offers on their merits only.

Don’t: Encourage or reward pre-offer inspections

Never suggest, verbally or in writing, that having a pre-offer inspection could make an offer more attractive. That could be interpreted as conditioning acceptance on inspection waiver, which is prohibited.

Don’t: Repeat noncompliant statements

If you hear that a buyer already had an inspection or plans to waive the inspection, do not share that information with your seller. Even repeating it could create the appearance of influencing the seller’s decision in violation of the law.

For Buyer’s Agents

Do: Educate your clients early

Explain the new process before they start touring homes. Buyers now have a guaranteed right to conduct a full home inspection after their offer is accepted. This right cannot be waived or replaced with an early inspection.

Do: Recommend a licensed home inspector

Once the offer is accepted, your buyer should schedule a complete inspection with a properly licensed inspector who carries insurance and complies with Massachusetts standards.

Don’t: Arrange or encourage pre-offer inspections

Pre-offer inspections will almost always be interpreted as an indirect indication that your buyer intends to waive the inspection later. This violates 760 CMR 74.00 and could expose both you and your client to penalties.

Don’t: Tell listing agents your buyer already inspected

Even mentioning that your buyer already had an inspection can be seen as signaling intent to waive. Keep all communications compliant and focus only on the strength of your buyer’s offer within the bounds of the regulation.

For Home Buyers

Do: Insist on your inspection rights

After your offer is accepted, schedule a full home inspection with a licensed professional. Use this opportunity to learn about the property’s systems and condition before finalizing the purchase.

Don’t: Let anyone pressure you to waive your inspection

If an agent or seller suggests skipping the inspection or doing it before submitting your offer, that advice is not compliant with the law. You have a protected right to inspect after acceptance.

Don’t: Attempt a pre-offer inspection

Conducting an inspection before submitting your offer could be seen as trying to signal that you plan to waive your post-acceptance inspection. This is an indirect violation of the regulation.

For Sellers

Do: Stay aware of who is entering your property

Anyone spending an unusual amount of time in your home during a showing might be conducting an unauthorized pre-offer inspection. Confirm all scheduled appointments with your listing agent.

Do: Ask questions about viewing sessions

If you notice longer or overlapping showings being booked, clarify who is attending. You have the right to limit access and ensure your property is protected.

Don’t: Accept offers based on unofficial inspections

If your listing agent mentions that a buyer already had an inspection or plans to waive theirs, that statement alone can create legal exposure. The law prohibits using any offer that directly or indirectly indicates inspection waiver as a decision factor.

Do: Work with informed professionals

Choose an agent who understands the new rules and protects you from unintentional violations. A compliant agent will help you evaluate offers fairly while safeguarding your transaction.

The Bottom Line

760 CMR 74.00 has reshaped the offer and inspection landscape in Massachusetts. The purpose of the law is simple: to make the home buying process more transparent, safer for consumers, and less susceptible to risky shortcuts.

The key takeaway is that pre-offer inspections, inspection waivers, and indirect signals about skipping inspections are no longer acceptable.

Agents, buyers, and sellers who stay informed and follow the rules will protect themselves from penalties and contribute to a more professional, trustworthy market.

If you are ever uncertain about what is permitted, review the official regulation on Mass.gov or consult a Massachusetts real estate attorney.

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