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Massachusetts has introduced an important new consumer protection regulation: 760 CMR 74.00. This change has sparked understandable confusion among homebuyers and sellers alike, especially when it comes to one key question: Can a buyer still waive a home inspection?
The answer is: you can opt not to get an inspection if you choose, but the process, timing, and legality of doing so have changed in significant ways. This article will guide you through what’s allowed, what’s prohibited, and how to make informed, confident decisions in today’s market.
Enacted under Chapter 150 of the Acts of 2024, 760 CMR 74.00 was developed by the Massachusetts Executive Office of Housing and Livable Communities (EOHLC). It was passed to address growing concerns about homebuyers—especially first-time buyers—being pressured to waive their right to a home inspection in highly competitive bidding environments.
The regulation prohibits sellers or their agents from doing the following:
Instead, the regulation requires that buyers be informed and empowered to make that decision voluntarily, without coercion or implicit pressure. Buyers must also provide sellers with a specific written disclosure that outlines the buyer’s right to an inspection, which must be signed by both parties.
While the regulation restricts seller behavior, it does not eliminate a buyer’s personal right to opt not to get an inspection. After receiving the proper disclosure and entering into a contract in compliance with 760 CMR 74.00, a buyer may later choose to:
However, this decision must be made independently—without suggestion, influence, or encouragement from their agent, the seller or the seller’s agent. It’s about restoring balance to the transaction and ensuring buyers have a full opportunity to inspect before making an informed choice.
This is especially critical when serious issues like structural problems, mold, roof deterioration, outdated wiring, or, health hazards, might otherwise be hidden in plain sight.
It’s common in a seller’s market for buyers to look for ways to make their offer more appealing. In the past, many buyers waived inspections to speed up deals or outmaneuver other bidders.
Under 760 CMR 74.00, this practice is now heavily regulated. Even if a buyer wants to waive an inspection to improve their offer, a seller is not legally allowed to accept that offer if the waiver is written into the contract from the outset. Doing so is a violation of the regulation.
Instead, sellers must accept offers based on other factors—such as price, timeline, or financing—and wait until after the legally required disclosure before a buyer can independently opt out of the inspection.
There are a few specific exemptions where the restrictions of 760 CMR 74.00 do not apply, including:
Buyers and sellers involved in one of these categories should still consult a real estate attorney or experienced broker to ensure they remain compliant.
Contract terms that could “render a home inspection meaningless” are prohibited. This could include, but is not limited to:
If any of these tactics are used, they may constitute a regulatory violation and could expose the seller or their agent to legal consequences.
If a seller or licensed real estate professional fails to comply with 760 CMR 74.00, the following consequences may apply:
The law is designed not just to regulate behavior, but to create meaningful remedies for buyers who have been treated unfairly.
The home inspection process is one of the few opportunities buyers have to truly understand what they are purchasing. With the adoption of 760 CMR 74.00, the Commonwealth of Massachusetts has made clear that the right to inspect must be preserved—and must never be sacrificed in the name of speed or competition.
For buyers, this regulation offers peace of mind and protection. You can still opt not to get an inspection, but now only when you choose to, with full understanding of your rights and without undue pressure.
For sellers and agents, this law requires greater transparency, stronger documentation, and a heightened awareness of what’s permissible during negotiations. Staying compliant protects not only your clients but your professional reputation and legal standing.
If you’re preparing to buy or sell a home, make sure your contracts and practices are aligned with the new requirements. Consult a qualified attorney or licensed real estate professional to ensure your transaction is legally sound and fair for all parties involved.
Would you like a downloadable guide to home inspection rights under 760 CMR 74.00? Or a version of this post formatted for buyers vs. sellers? We'd be happy to help.
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