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On October 15, 2025, Massachusetts will enforce 760 CMR 74.00, a regulation that prohibits homebuyers from waiving their right to a home inspection. The rule applies to most residential real estate transactions and is intended to create a more transparent, consumer-friendly marketplace.
While the law is broad, there are some important exceptions. As an agent, knowing when the law applies and when it does not is critical to protecting your clients and staying compliant. Misunderstanding an exemption could expose you to legal risk or damage client trust.
This post breaks down the fine print and gives you clear talking points to share with clients.
The state designed exemptions for transactions where the typical protections of an arms-length sale are less relevant. In other words, if a property is being transferred for reasons other than a standard sale between unrelated parties, this provision that guarantees the buyer’s right to an inspection may not apply.
These carve outs acknowledge that not every transfer involves the same buyer-seller dynamics, and therefore the conventional inspection process may not apply.
When a property is transferred within a family, such as from parents to children, siblings to siblings, or between spouses during or after a divorce, the regulation does not require the disclosure of the buyer’s right to a home inspection.
Why this matters: The state assumes that family members are aware of the property’s condition or that the transfer is not primarily about investment value.
Talking point for clients: “If this is a family transfer, the inspection rules do not apply. You may still want an inspection for peace of mind, but it is not required under the law.”
Sales that occur due to foreclosure, short sales, or deeds in lieu of foreclosure are exempt. In these cases, the property is often sold as is, and lenders or institutions managing the sale are unlikely to make repairs.
Why this matters: Buyers still have the right to inspect, but the seller is not bound by the new disclosure requirements. Agents should make this clear so buyers do not assume foreclosure properties are covered in the same way.
Talking point for clients: “In foreclosure and short sale situations, the inspection law does not apply. You can still arrange for an inspection, but the seller is not obligated to provide the disclosure form.”
When property is transferred into or out of a trust, or passed through inheritance where beneficiaries are close relatives, the regulation does not apply. These transfers are typically administrative in nature and are not treated as open-market sales.
Why this matters: Agents should confirm whether a transaction is part of an estate settlement or trust transfer, since the exemption may apply.
Talking point for clients: “Because this transfer is part of an estate or trust, the law does not require a formal inspection disclosure. You may still choose to have an inspection for your own records.”
The law is not retroactive. Any purchase agreements signed before the effective date are exempt, even if the closing occurs after October 15.
Why this matters: If you have transactions in progress as the deadline approaches, the date of the signed contract is the determining factor.
Talking point for clients: “If your contract is signed before October 15, it will not be subject to the new rules, even if your closing happens later.”
Exemptions remove the legal requirement for inspection disclosures, but they do not eliminate the practical value of inspections. Even in exempt transactions, buyers can and often should order inspections to understand the condition of the property.
Agents should caution clients against viewing exemptions as a green light to skip due diligence. While the law may not apply, the risks of hidden defects or costly repairs still exist.
It is important not to misapply exemptions. For example, a seller cannot claim an exemption simply because they prefer not to provide the disclosure. Exemptions must be legitimate and clearly documented. Misuse could be seen as a violation under Chapter 93A, Massachusetts’ consumer protection law, and could result in penalties or disciplinary action.
Best practice: Always confirm the nature of the transaction in writing and keep detailed records if you believe an exemption applies.
As an agent, your role is to:
By taking these steps, you help protect your clients while safeguarding your own license and reputation.
Most traditional home sales in Massachusetts will fall under the scope of 760 CMR 74.00. Exemptions are limited to specific circumstances such as family transfers, foreclosures, trust or estate transactions, and contracts signed before October 15, 2025.
The law is designed to ensure that buyers have meaningful access to inspections. Exemptions are the exception, not the rule. As an agent, your focus should be on compliance, transparency, and educating clients on both the protections and the limitations of the regulation.
By understanding the fine print and applying it correctly, you can help your clients navigate the process with confidence while reducing the risk of legal or regulatory missteps.
Contact MKC Associates to schedule your home reinspection and keep the purchase process moving quickly!
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