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For years, competitive housing markets across Massachusetts have encouraged buyers to find creative ways to strengthen their offers. One of the most common tactics was the pre-offer home inspection, a private inspection conducted before the buyer submitted their offer.
This approach gave buyers the ability to learn more about a property while still making an offer without an inspection contingency. However, beginning October 15, 2025, that practice will no longer give buyers an edge in their offer, since they will have the right to an inspection after their offer is accepted. . Under the new Massachusetts regulation 760 CMR 74.00, pre-offer home inspections will effectively be discontinued, as it will no longer have any purpose.
Here is what every agent needs to understand about why this change is happening, how it connects to the new law, and what it means for buyers moving forward.
Before 760 CMR 74.00, a pre-offer inspection was a strategy that allowed buyers to gain insight into a home’s condition before submitting an offer. Buyers would schedule an inspection during an open house or private showing and pay out of pocket for it.
The goal was to identify major issues in advance so they could waive the home inspection contingency in their offer. This gave them a competitive edge in bidding wars by making their offer appear cleaner and less risky to sellers.
While the intent was often practical, the practice was imperfect and usually limited, and the result was that many buyers felt pressured to forgo the standard inspection process altogether.
The new regulation, 760 CMR 74.00, was created to protect buyers and promote transparency. The state determined that widespread use of inspection waivers was leaving buyers vulnerable to costly and undisclosed defects, as well as preferencing the wealthy buyers who can afford to pay for multiple preoffer inspections and any repairs needed in a home, and often forcing buyers to forego the health and safety risks to their family
To address this, the regulation prohibits any offer or agreement that conditions acceptance on the buyer waiving or appearing to waive their home inspection rights. This rule includes both direct statements and indirect actions that suggest an intent to waive.
Pre-offer inspections likely fall into that second category
After October 15, 2025, all buyers in Massachusetts will have the right to conduct a home inspection after their offer is accepted. The law requires that this right be documented using a state-issued disclosure form signed by both buyer and seller.
Here is where the issue with pre-offer inspections arises.
If a buyer conducts an inspection before submitting an offer, it can easily be interpreted as an attempt to avoid or waive the post-acceptance inspection. Because the buyer would already have completed an inspection, their actions could be viewed as signaling that they do not intend to inspect again once their offer is accepted.
Under 760 CMR 74.00, that is likely to be considered an indirect indication of an intent to waive, which violates the regulation.
In other words, even though the law does not specifically mention “pre-offer inspections,” the activity itself contradicts the rule’s intent and may be treated as non-compliant or illegal under the new framework.
The relevant section of 760 CMR 74.00 states that buyers and buyer’s agents may not indicate, directly or indirectly, that they intend to opt out of or waive their home inspection after their offer is accepted.
This means that any behavior suggesting that a buyer will skip the inspection step is prohibited. Conducting a pre-offer inspection is now one of those behaviors, because it implies the buyer does not plan to use their formal inspection right after the offer is accepted.
In short, the regulation closes the loophole that allowed buyers to “inspect early” as a workaround to the inspection waiver rule.
Agents representing buyers should educate their clients early about the new restrictions. Here is what to emphasize:
This approach protects both your client and your license.
While pre-offer inspections are off the table, buyers can still take proactive steps:
These steps give buyers confidence without violating the new regulations.
After October 15, 2025, pre-offer home inspections will no longer be compliant with Massachusetts law. Even if the intent is not to waive an inspection, conducting one before offer submission can be seen by the seller, their agent, and other competing buyers as an indirect signal of intent to skip the formal inspection process later. Under 760 CMR 74.00, that kind of action is prohibited and could expose both the buyer and the agent to risk.
The safest path forward is clear: guide buyers to follow the new process, complete their inspection after the offer is accepted, and document everything with the official EOHLC disclosure form.
When in doubt, consult a real estate attorney familiar with the regulation and stay up to date on guidance from the state. Information here is not legal advice, and is an opinion only.
So, as the saying goes, wave goodbye to waiving inspections. The new rule ensures every buyer gets the same opportunity to make an informed decision about their purchase.
Contact MKC Associates to schedule your home reinspection and keep the purchase process moving quickly!
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