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On October 15, 2025, Massachusetts will put into effect a new regulation that will change how residential real estate transactions are handled. Known as 760 CMR 74.00, the law removes the ability for buyers to waive their right to a home inspection. This regulation was designed to protect buyers from costly surprises and to increase transparency in the marketplace.
For real estate agents, the challenge is clear. Sellers will have questions, and many may feel uneasy about what this means for their ability to attract strong offers. As their advisor, you need to provide clear explanations, set realistic expectations, and show sellers how to adapt to the new rules without losing momentum in a competitive market.
The first and most important point to communicate is that buyers must retain their right to an inspection. Sellers may not request, encourage, or accept offers that include inspection waivers. Even subtle hints that a seller favors offers without inspections are no longer allowed.
For many sellers, this will feel like a major shift. In recent years, waived inspections often gave sellers comfort that a deal would not fall apart after the inspection stage. Now, every buyer will move forward with the right to hire a licensed inspector of their choice.
How to frame it for sellers: “This law applies equally to all sellers in Massachusetts, so it levels the playing field. You will not lose an advantage compared to other homes on the market. What will matter more is pricing correctly, preparing your home, and working with buyers in good faith.”
The state has created a new disclosure form that must be signed by both seller and buyer before or at the time of the first written contract, whether that is the Offer to Purchase or the Purchase and Sale Agreement. This document confirms that inspection rights are intact and that the buyer has a reasonable window of time, typically 10 days, to conduct the inspection.
How to frame it for sellers: “This is simply part of the process now, much like the standard lead paint disclosure. Every seller will sign the same form, so it is not an extra burden for you alone. It is designed to protect both sides by setting clear expectations.”
One concern sellers may raise is that buyers will use inspections to delay the process. The law requires that buyers be given a reasonable period, but it does not allow for endless extensions. Agents will continue to negotiate timelines, with 7 to 10 days as a standard.
How to frame it for sellers: “You will not be left waiting indefinitely. Buyers are still expected to complete inspections promptly, and we will agree on a clear deadline before moving forward.”
Since buyers cannot waive inspections, many sellers will benefit from getting ahead of potential issues. A pre-listing inspection allows the seller to identify repairs in advance and make thoughtful decisions before the home goes on the market. It also gives the listing agent a chance to present a cleaner property profile to buyers.
How to frame it for sellers: “A pre-listing inspection is not required, but it can give you peace of mind and reduce surprises. Buyers appreciate transparency, and it may help your home stand out as a well prepared property.”
Some transactions are not subject to the new law, including transfers between family members, certain trust transactions, and foreclosures or deeds in lieu. However, these situations are the exception, not the rule. Most sellers will need to follow the new process.
How to frame it for sellers: “For almost all traditional sales, the law applies. Unless your transaction is part of a family transfer or a foreclosure scenario, you should expect to work with the new disclosure and inspection rules.”
Violating the regulation can have serious consequences. For sellers, ignoring the law or attempting to bypass it could result in legal challenges. For agents, it could mean disciplinary action or even consumer protection claims under Chapter 93A.
How to frame it for sellers: “Our job is to keep your transaction smooth and compliant. We will follow the new requirements carefully, which protects you from risk and helps your sale proceed without complications.”
While the inspection process is changing, the fundamentals of selling a home remain the same. Pricing, staging, marketing, and negotiation skills are what truly drive results. By setting the right strategy and working with an experienced agent, sellers can still expect strong offers and a successful closing.
How to frame it for sellers: “This law shifts one aspect of the process, but it does not change how we market your home or attract buyers. Our focus will be on presenting your property in the best possible light and negotiating favorable terms.”
The introduction of 760 CMR 74.00 is an adjustment for everyone involved in Massachusetts real estate. For sellers, it means acknowledging that inspections are once again a standard step in nearly every transaction. While this may feel like a loss of control compared to recent years, it ultimately creates a healthier marketplace where buyers and sellers operate with greater transparency.
Your role as the agent is to help sellers stay calm, informed, and focused on what they can control. By framing inspections as a routine safeguard rather than a deal breaker, you can keep the process moving forward with confidence.
When explained clearly, most sellers will understand that the rules apply to everyone and that compliance is the best way to ensure a smooth, successful sale.
If your sellers are concerned about what an inspection might uncover, a pre-listing inspection can be an excellent solution. MKC Associates partners with agents and homeowners to provide thorough inspections before a property ever hits the market. This proactive step reduces surprises, builds trust with buyers, and positions your listings for smoother negotiations once offers come in.
Ready to support your sellers with pre-listing inspections? Contact MKC Associates today to schedule an inspection and give your clients the confidence they need.
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