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On October 15, 2025, Massachusetts will begin enforcing 760 CMR 74.00, a new regulation that changes the way home inspections are handled in residential transactions. For buyer’s agents, this rule provides new opportunities to advocate for clients while also requiring careful guidance and clear communication.
In the past, buyers often waived inspections to compete in bidding wars. This practice is now prohibited. Every buyer retains the right to hire a licensed home inspector, and sellers cannot condition acceptance of an offer on the waiver of that right. Here is how buyer’s agents can explain the change and use it to strengthen client relationships.
The first message to reinforce is that buyers no longer need to choose between being competitive and protecting themselves. The law ensures that inspection rights cannot be waived or undermined. Every buyer has the opportunity to hire a licensed inspector and review the results before finalizing the purchase.
How to position it with buyers: “This law means you can focus on finding the right home without feeling pressured to skip an inspection. Your right to due diligence is protected.”
Every transaction will now include a state issued disclosure form, signed by both buyer and seller at the time of the first written contract. This document confirms the buyer’s inspection rights and establishes a reasonable timeframe for completing the inspection, typically 7 to 10 days.
How to position it with buyers: “You will see a new disclosure form in your paperwork. It makes your inspection rights official and ensures that you have enough time to complete the process.”
Some buyers may assume the law allows them unlimited time or leverage. It is important to clarify that while inspections are guaranteed, they must still be completed within a set period. The law does not eliminate deadlines or negotiation. It simply ensures buyers cannot be forced to give up their inspection rights.
How to position it with buyers: “You still need to move quickly and work within the agreed timeframe. The inspection is protected, but efficiency is still important in competitive markets.”
Since waiving inspections is no longer an option, buyer’s agents should help clients identify other strategies to stand out. These may include:
How to position it with buyers: “There are still many ways to make your offer attractive. We will focus on tactics that show seriousness and flexibility while still protecting your interests.”
Buyers may feel empowered to use inspections as a tool for renegotiation. While this is their right, it is important to balance expectations. Not every issue found will justify a major concession. Buyer’s agents play a key role in helping clients understand which findings are routine and which are significant enough to address in negotiations.
How to position it with buyers: “Every home will have some imperfections. Our goal is to distinguish between normal wear and tear and issues that could impact safety, value, or livability.”
With inspections back at the center of the process, connecting buyers to experienced, licensed inspectors is critical. Agents should maintain a list of trusted professionals and encourage buyers to ask questions during the inspection. This strengthens buyer confidence and reduces the risk of surprises after closing.
How to position it with buyers: “I will connect you with inspectors who are thorough and reliable. They can explain what they find so you feel comfortable making informed decisions.”
Finally, emphasize that both agents and clients benefit from strict compliance with the new law. Violating 760 CMR 74.00 can result in legal challenges or consumer protection claims under Chapter 93A. By following the rules carefully, buyer’s agents help protect clients and keep transactions on track.
How to position it with buyers: “This law was created to protect you, and we will follow it closely to make sure your purchase is safe and compliant.”
760 CMR 74.00 marks a significant cultural shift in Massachusetts real estate. For buyer’s agents, it eliminates the pressure to advise clients on whether to waive inspections and replaces it with a clear responsibility to guide buyers through the process.
By setting expectations, connecting clients with strong inspectors, and offering strategies to remain competitive, agents can turn this regulatory change into an advantage. Buyers will feel more supported, better informed, and more confident in their purchases.
In the end, the law not only protects consumers but also strengthens the advisory role of buyer’s agents. By leaning into education and preparation, you can position yourself as a trusted partner who helps clients navigate both the opportunities and the responsibilities of the new marketplace.
Contact MKC Associates to schedule your home reinspection and keep the purchase process moving quickly!
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