760 CMR 74.00: What Massachusetts Real Estate Agents Need to Know Before October 15, 2025

The Massachusetts housing market is about to undergo one of the most significant regulatory changes in recent memory. Beginning October 15, 2025, the new state regulation 760 CMR 74.00 will go into effect, reshaping how home inspections are handled in residential real estate transactions. For real estate agents, this law represents more than just a change in paperwork. It alters negotiation strategies, seller expectations, and the responsibilities of every licensed professional in the state.

Here is what you need to know to stay compliant and help your clients navigate the new landscape.

Why the Law Was Passed

Over the past decade, competitive housing markets across Massachusetts have led to a troubling trend: buyers waiving home inspections to make their offers more attractive. While this strategy sometimes helped buyers win in a bidding war, it also left many exposed to serious and costly issues after closing. In many cases, these issues could have been identified by a licensed inspector.

The state responded by passing 760 CMR 74.00, a regulation designed to protect consumers, increase transparency, and ensure inspections remain a standard part of the home buying process.

No More Waiving Inspections

The most important change for agents to understand is that buyers can no longer waive their right to a home inspection. Sellers, listing agents, and buyer’s agents are prohibited from conditioning offers, negotiations, or acceptance on the waiver of inspection rights.

Even suggesting that an offer will be stronger without an inspection contingency is not permitted. Moving forward, the inspection is considered a non-negotiable right, not a bargaining chip.

Mandatory Disclosure Forms

Starting October 15, every residential transaction will require a state approved disclosure form to be signed by both buyer and seller. This form must be provided before or at the signing of the first written contract, whether that is the Offer to Purchase or the Purchase and Sale Agreement.

The disclosure will:

• Confirm that the buyer’s inspection rights have not been waived.
• State that the buyer has the right to hire a licensed inspector.
• Establish a reasonable timeframe, generally around 10 days, for the inspection to take place.

As an agent, you will need to integrate this disclosure into your transaction process immediately. Skipping or mishandling it could open both you and your client up to significant legal and regulatory risk.

What Is Off the Table

In addition to banning outright inspection waivers, 760 CMR 74.00 also prohibits certain workarounds. Contracts can no longer contain language that makes inspections impractical or meaningless. Examples include:

• Unrealistically short inspection windows.
• Penalties for exercising inspection rights.
• Repair threshold clauses that limit what can be negotiated after the inspection.

The intent is clear. Inspections must be real, accessible, and useful, not just a formality.

Exempt Transactions

There are a few carve outs to the new law. Exemptions include:

• Transfers between close family members such as through divorce or inheritance.
• Foreclosures, short sales, or deeds in lieu.
• Certain trust transfers where beneficiaries are relatives.
• Contracts signed on or before October 15, 2025.

For most typical arms length sales, however, the law will apply. Agents should document any exemptions carefully.

Compliance and Enforcement

Violating 760 CMR 74.00 is more than a paperwork mistake. Non compliance may be treated as an unfair or deceptive practice under Chapter 93A, Massachusetts consumer protection law. Licensed real estate professionals could also face disciplinary action from the Board of Registration.

In other words, cutting corners on this regulation is not an option.

What Agents Should Do Now

To prepare, every Massachusetts real estate agent should take these steps:

1. Update your contracts and forms. Work with your brokerage or legal counsel to add the new disclosure form to your standard document package.
2. Educate your clients. Both buyers and sellers will have questions. Prepare clear talking points to explain why inspections can no longer be waived and what that means for their transaction.
3. Re-train your team. Ensure everyone in your office, from agents to administrators, understands the new process and what language is no longer permitted in negotiations.
4. Encourage pre-listing inspections. For sellers worried about delays or unexpected surprises, a pre-listing inspection can still be a smart way to set expectations and streamline offers.
5. Stay informed. The Executive Office of Housing and Livable Communities (EOHLC) is expected to release further guidance and the official disclosure form before October. Make sure you are subscribed to updates.

The Bottom Line for Agents

The passage of 760 CMR 74.00 signals a cultural and procedural shift in Massachusetts real estate. Where once inspection waivers were a common and often expected part of competitive markets, they are now legally off the table.

For agents, the focus will move toward compliance, client education, and transparent negotiation. By getting ahead of the change, you can position yourself as a trusted guide for your clients, reduce the risk of disputes after closing, and protect your license from potential penalties.

October 15 is closer than you think. Now is the time to review your processes, update your paperwork, and make sure you are ready for a more transparent and ultimately healthier real estate marketplace in Massachusetts.

Helpful .gov Resources for 760 CMR 74.00

• Mass.gov – 760 CMR 74.00: Residential Home Inspection Waivers: The official regulation page detailing the law’s provisions and linking to the downloadable PDF. Mass.gov
• Mass.gov – Residential Home Inspections: Overview of the regulation’s purpose, scope, prohibited conduct, exemptions, disclosures, and enforcement. Mass.gov
• Mass.gov – Healey-Driscoll Administration Implements New Policy Protecting Homebuyers’ Inspection Rights:  A press release summarizing the context of the law, the policy rationale, and its implications. Mass.gov
• Mass.gov – EOHLC Regulations: Current & Proposed Amendments:  Tracks the rulemaking process, public notices, and regulatory updates related to 760 CMR 74.00. Mass.gov
• Mass.gov – Home Inspectors Consumer Fact Sheets: Consumer-friendly fact sheets (available in multiple languages) that explain what to expect from a licensed home inspector. Mass.gov‍
• Mass.gov – Residential Inspections (RE110R20 Fact Sheet): Agent-facing information outlining home inspection basics, agent responsibilities, and helpful guidance. Mass.gov