By clicking “Accept All Cookies”, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. View our Privacy Policy for more information.
Cookies & Privacy
Starting October 15, 2025, every residential real estate transaction in Massachusetts will look a little different. With the rollout of 760 CMR 74.00, buyers will no longer be able to waive their right to a home inspection in their offer to purchase. That right will be formally recognized and documented as part of the offer process.
For agents, this change affects how offers are written, submitted, and accepted. Understanding the new workflow will be essential to keeping transactions smooth and compliant. Here is a step-by-step look at how an offer to purchase will come together once the new regulation takes effect.
Before a property hits the market, listing agents and sellers should prepare the new Home Inspection Disclosure Form created by the Executive Office of Housing and Livable Communities (EOHLC). This one-page form confirms that buyers have the right to conduct a home inspection by a licensed inspector of their choice after an offer is accepted.
The seller may sign this form when the property is listed so that it can be uploaded along with other documents such as the lead paint disclosure and property information sheets. Doing so streamlines the process once offers start coming in.
Agent Tip: Make sure the disclosure form is current and properly completed. Outdated or incomplete forms could slow down review or acceptance.
After viewing the property, the buyer and their agent prepare the Offer to Purchase as usual, outlining price, deposit, and closing terms. The key difference is that the buyer must now also acknowledge the inspection disclosure form.
The buyer signs the EOHLC form, confirming their right to a home inspection after their offer is accepted. This form accompanies the offer submission so that both documents move forward together.
Agent Tip: Ensure buyers understand that signing the disclosure does not require them to complete an inspection immediately. It simply affirms their right to do so once the offer is accepted.
Once the seller receives multiple offers, they review them in the usual way, comparing price, contingencies, and other terms. However, inspection waivers can no longer influence the decision. Sellers and listing agents cannot request, encourage, or prioritize offers that indicate an intention to skip inspections, directly or indirectly
The seller then signs the Home Inspection Disclosure Form, acknowledging the buyer’s right to inspect, and accepts the chosen offer.
Agent Tip: Listing agents should remind sellers that every buyer will retain the right to an inspection. Encouraging or favoring waived inspections could be considered a violation of the law.
Agent Advisory: Buyer’s agents should note that getting a “pre-offer inspection” - any kind of inspection before submitting their offer - can be interpreted as an indirect indication that the buyer will waive the inspection after their offer is accepted. An indirect indication of intent to waive after an offer is accepted is a clear violation of 760 CMR 74.
Once the seller accepts the offer and both parties have signed the disclosure form, the buyer has a reasonable time, typically 7 to 10 days, to conduct their inspection. This timeline will be defined within the Offer to Purchase or Purchase and Sale Agreement.
The buyer schedules their inspection with a licensed home inspector of their choosing. During this period, the buyer may decide whether to request repairs, negotiate credits, or move forward as is, depending on the findings.
Agent Tip: Encourage buyers to schedule inspections as early as possible within their window to allow time for follow-up questions or negotiation before deadlines.
One of the most critical updates under 760 CMR 74.00 is the prohibition on directly or indirectly indicating that a buyer intends to waive or opt out of their inspection. This means:
The intent of the law is to ensure that all buyers, regardless of market pressure, have equal access to a fair and transparent inspection process.
Agent Tip: Review your offer templates and email language carefully. Even informal statements can be construed as attempts to sidestep the rule.
After the inspection period, the process returns to familiar ground. The buyer and seller, often through their attorneys, finalize the Purchase and Sale Agreement. Any inspection findings that lead to negotiation will be addressed before signing. Once the P&S is executed, the transaction proceeds toward financing, appraisal, and closing.
The key difference is that both parties have formally recognized the buyer’s inspection rights from the outset, removing ambiguity and ensuring compliance.
The Offer to Purchase process in Massachusetts will not fundamentally change, but it will become more structured and transparent under 760 CMR 74.00. Every offer will now include a signed Home Inspection Disclosure Form, and buyers cannot waive or appear to waive inspection rights.
For agents, this means:
By adapting now, agents can guide clients confidently through this transition and avoid the last-minute confusion that often follows new regulations.
The result will be a healthier, more transparent marketplace where both buyers and sellers can move forward with greater confidence.
Note that we are not providing legal advice here. You should always consult your real estate attorney to verify that you are following all procedures properly. Make sure your attorney is fully aware of and compliant with 760 CMR 74.
Contact MKC Associates to schedule your home reinspection and keep the purchase process moving quickly!
Schedule Now
