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For many years in Massachusetts, multiple-offer situations have been one of the defining challenges of a competitive housing market. Buyers often had to find creative ways to stand out, while sellers and listing agents looked for signs of strong, clean offers that would not fall apart during inspections.
One of the most common tactics was for buyers to waive their home inspection contingency to make their offer appear more attractive. That tactic will end after October 15, 2025, when 760 CMR 74.00 takes effect.
This new regulation changes how inspections, disclosures, and negotiations work across the board, but its impact will be most visible in multiple-offer scenarios. Agents will need to rethink how to help clients remain competitive while staying fully compliant with the law.
Before the new regulation, inspection waivers were often used to strengthen offers. In many markets, sellers viewed them as a sign of a serious buyer who would not back out over inspection findings.
After October 15, that option is gone in Massachusetts. Under 760 CMR 74.00, buyers cannot waive or appear to waive their right to a home inspection. Sellers and listing agents cannot request or prioritize offers that include language or behavior suggesting an intent to skip an inspection.
This removes a long-standing tool for buyers and forces both sides to compete on the merits of the other terms in the offer itself rather than on who is willing to assume more risk.
Agent Tip: Set expectations early with buyers who have previously relied on inspection waivers as part of their strategy. Focus their attention on other strengths that still matter to sellers.
With inspection waivers off the table, buyers and their agents will need to focus on more traditional and transparent ways to stand out. Key differentiators will now include:
Agent Tip: Remind buyers that strong communication, reliability, and professionalism can still make their offer stand out even when all buyers have the same inspection rights and other terms.
For listing agents, 760 CMR 74.00 creates new responsibilities during offer review. Every offer must now include a signed Home Inspection Disclosure Form provided by the Executive Office of Housing and Livable Communities (EOHLC). This form confirms that the buyer has the right to a home inspection and that both parties acknowledge this right.
When reviewing multiple offers, the listing agent should ensure that:
Any deviation could create risk for the seller and potential liability for the agents involved.
Agent Tip: Include a brief reminder in your multiple-offer summary to sellers clarifying that inspection waivers are no longer permissible so that your seller clients do not inadvertently favor an offer that appears noncompliant.
Listing Agent Advisory: Watch out for buyers who are bringing any form of “professional” to their property viewings! This could be a pre-offer inspection, and accepting their offer might make you complicit in a scenario where the buyer got a preoffer inspection and now intends to waive. This could get you in hot water because other buyers and buyer’s agents may recognize this as an indirect indication of an intent to waive the inspection!
Sellers accustomed to pre-2025 market conditions may be surprised when agents tell them that inspection waivers are no longer allowed. Some may still hope to find buyers willing to “work around” the rule.
This is where agent education and clear communication matter most.
Talking points for sellers:
This approach prevents confusion and keeps your seller clients aligned with the law.
In competitive markets, even casual conversations can raise compliance issues. Buyer’s agents must not imply that their client will skip or minimize the inspection, even informally. Similarly, listing agents cannot suggest that such offers would be more attractive.
Everything from emails to texts and phone calls can be scrutinized if a dispute arises. Clear documentation, consistent language, and strict adherence to the new standard are essential for risk management.
Agent Tip: If a buyer expresses frustration about losing competitiveness without waiving an inspection, redirect the conversation toward other offer strengths rather than revisiting prohibited tactics.
Agent Advisory: If you and your client lost out on a bid due to another offer getting a pre-offer inspection, or you discover that another buyer or buyer’s agent directly or indirectly indicated that they intended to waive the inspection after offer acceptance, report it to the Board of Real Estate Brokers and Salespersons and the EOHLC.
While this regulation changes strategy, it also levels the playing field. Many buyers, particularly first-time buyers or those without large cash reserves, were previously at a disadvantage in multiple-offer situations.
By removing inspection waivers, the law ensures that all buyers have an equal opportunity to make informed decisions about the safety and condition of a home. It also encourages sellers to evaluate offers based on substance rather than risk tolerance.
The result will likely be fewer post-closing disputes, greater buyer confidence, and a more balanced transaction process for everyone involved.
Remember, the purpose of a home inspection has always been to understand the condition and safety of one of the largest financial investments you’ll make. It was never intended that the waiver of such an important and valuable service would be used as a leveraging tool for advantage in negotiations.
The days of using inspection waivers as a competitive tactic are over. Under 760 CMR 74.00, every buyer must be given the same inspection rights, and sellers cannot use waived inspections as a selection criterion.
For agents, this means adapting strategies for multiple-offer scenarios to emphasize professionalism, communication, and strong deal terms. Success will now depend on preparation, creativity, and compliance rather than on risk acceptance.
In short, the new regulation changes the game but not the goal. It has always been the case that a well-prepared agent who understands both the law and the market will continue to help clients succeed in even the most competitive environments.
Contact MKC Associates to schedule your home reinspection and keep the purchase process moving quickly!
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