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In an effort to protect homebuyers and promote transparency in the real estate process, Massachusetts has introduced a new proposed regulation: 760 CMR 74.00 – Residential Home Inspection Waivers. This regulation is a significant step toward ensuring that buyers retain their right to conduct a home inspection without pressure or penalties, thereby restoring consumer protections that were once the norm
At MKC Associates Home Inspection, we believe in empowering buyers with knowledge and supporting informed decision-making. Here’s what you need to know about this important development.
The Massachusetts real estate market has grown increasingly competitive in recent years. In multiple-offer scenarios, many buyers have felt pressured to waive the home inspection in order to make their offer more attractive to sellers. This practice, while common, carries serious risks—buyers are typically not prepared or trained to identify critical structural, electrical, or safety issues that would otherwise be revealed in a professional inspection.
Recognizing the potential consequences of inspection waivers, the Massachusetts Legislature passed a 2024 law (Chapter 150, Section 45 of the Affordable Homes Act, 2024), which led to the creation of the regulation 760 CMR 74.00. The intent is to restore fairness and protect the health, safety, and financial well-being of homebuyers across the state.
Download the full proposed regulation here
The regulation introduces two primary protections:
Sellers and their agents are prohibited from:
This means that even in a competitive market, every buyer has the protected right to request a home inspection without fear that their offer will be penalized.
At the time a buyer signs an initial contract, either an Offer to Purchase or a Purchase and Sale Agreement, they must include a written disclosure confirming:
This disclosure must also be signed by the seller on their acceptance of the offer.
This disclosure reinforces the buyer's legal protections and ensures transparency from the very beginning of the transaction.
View the notice of public comment
Not all real estate transactions are affected by this regulation. Exemptions include:
In these cases, the rules around waiving inspections may differ, though most traditional residential sales are expected to follow the regulation once enacted.
Violations of this regulation may be treated as unfair or deceptive practices under the Massachusetts Consumer Protection Act (M.G.L. c. 93A). This provides legal recourse for buyers who believe they were unfairly pressured to waive their inspection rights.
For real estate agents, brokers, or sellers, this underscores the importance of compliance and ethical conduct in negotiations.
At MKC Associates Home Inspection, we welcome this regulation as a win for Massachusetts homebuyers. We’ve long advocated for transparency, education, and safety in the homebuying process. This proposed rule affirms the value of professional home inspections and helps level the playing field for buyers across the Commonwealth.
We encourage buyers, sellers, and agents to stay informed as the regulation moves toward finalization, expected as early as June 15, 2025.
For questions or to schedule your inspection, contact us today. Your peace of mind is our priority.
Learn more about current Massachusetts regulations and updates
Contact MKC Associates to schedule your home reinspection and keep the purchase process moving quickly!
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