Starting Oct. 15, 2025, Massachusetts will ban forced home inspection waivers. Learn what this means for buyers, sellers, and the real estate market.

At E Z Home Search Real Estate, we believe informed clients make the best real estate decisions. Whether you’re buying your first home or selling one you’ve loved for decades, understanding the laws that shape the process is essential.

And Massachusetts just rolled out one of the most significant updates in years—one that puts fairness and consumer protection front and center.

Starting October 15, 2025, the Healey-Driscoll Administration will implement a groundbreaking policy to protect homebuyers from being pressured into skipping home inspections.

That’s right—no more “If you want this house, you’ll have to waive your inspection.”

This new rule, part of the Affordable Homes Act, aims to restore fairness in an ultra-competitive market. The Executive Office of Housing and Livable Communities (EOHLC) developed the final regulation after reviewing over 100 public comments—and it’s now one of the strongest consumer protection laws in the country. 

“A home inspection is an important step in buying a property. Homebuyers must have the ability to make informed financial decisions…” — Ed Augustus, Secretary, Executive Office of Housing and Livable Communities

In recent years, bidding wars and tight inventory led many buyers to make risky choices—like waiving their right to a home inspection to make offers more appealing.

But that move often comes with consequences.

A home inspection can reveal safety hazards, repair needs, and hidden costs that might not be visible during a quick walkthrough. Without one, buyers risk expensive surprises after closing—like cracked foundations, outdated wiring, or structural issues.

The new law recognizes that buyers shouldn’t have to sacrifice due diligence just to stay competitive. It ensures every buyer has a genuine right to an inspection, without pressure from sellers or agents.

Here’s what’s changing under the new regulation:

✅ Sellers and their agents can no longer make an offer contingent on waiving a home inspection.
✅ Sellers can’t accept an offer if they know in advance the buyer intends to waive inspection rights.
✅ Buyers still have the freedom to skip an inspection—but only by choice, not coercion.

💬 “This new regulation creates a fairer, more even playing field for buyers and sellers.” — Ed Augustus

In short: the law restores balance to the transaction. Sellers can market their homes transparently, and buyers can make informed decisions—without the fear of losing out for doing the right thing.

If you’re selling a home in Massachusetts after October 15, 2025, this regulation directly affects your listing process.

1. A New Disclosure Requirement

Sellers must provide buyers with a written disclosure confirming:

• Offers cannot depend on waiving a home inspection.

• Buyers have the right to choose a home inspection.

EOHLC has released a standard disclosure form—but sellers are responsible for ensuring it’s properly delivered. Failing to do so could violate Massachusetts consumer protection law.

2. No Accepting Pre-Waived Offers

Even if a buyer volunteers to skip the inspection, sellers can’t accept the offer if that intent was communicated upfront. This prevents back-channel agreements and keeps the process transparent.

3. Negotiated Terms Still Allowed

The law isn’t anti-negotiation. Reasonable terms—like inspection deadlines, or repair thresholds —are still fair game. The key is that buyers must always retain the option to inspect.

4. Exemptions for New Construction

Builders and developers can breathe easy. The rule allows an exemption for pre-sales of new homes if:

• The contract is signed before the home is substantially complete, and

• The seller provides at least a one-year written warranty.

This ensures construction financing and timelines stay on track.

For homebuyers, this law is a breath of fresh air—and a chance to buy smarter, not riskier.

1. You Can’t Be Pressured to Waive Inspection

No more feeling like the “responsible” choice will cost you the house. Sellers and agents can’t use inspection waivers as leverage.

This means you can make a competitive offer without gambling on unknown problems.

2. You Still Have the Choice

You can still opt out of an inspection, after you have an accepted offer, if it makes sense for you—but it has to be your decision, made freely and without influence.

3. Inspections Build Confidence, Not Fear

Inspections don’t have to kill deals—they can actually strengthen them. A thorough report helps you understand what you’re buying, budget for repairs, and negotiate with confidence.

This law aims to reframe inspections as part of smart due diligence, not as a red flag.

4. Expect a Written Disclosure

You’ll now receive a clear written disclosure affirming your inspection rights. It’s a small step that adds big transparency to the buying process—and gives you documentation that your rights were explained.

5. The Market Could Get a Little Calmer

When all offers follow the same rules, competition becomes fairer and less frantic. No more losing out just because another buyer waived every contingency in sight.

This regulation isn’t just about inspections—it’s about rebuilding trust.

• Buyers regain control and protection.

• Sellers gain clarity and compliance confidence.

• Agents get a clear rulebook to follow.

Massachusetts is setting the tone for consumer protection in real estate—and it wouldn’t be surprising if other states soon follow suit.

The Bottom Line

Massachusetts is making homebuying a little fairer—and a lot more transparent.

Beginning October 15, 2025, no one can pressure you into skipping a home inspection or make it a condition for acceptance. It’s your choice, your protection, and your right.

For sellers, this means a few extra disclosures—but also peace of mind that your transaction follows state law.

At E Z Home Search Real Estate, we stay ahead of policy changes, so you don’t have to. From new laws to market trends, we’re here to make your real estate experience smooth, informed, and successful.

This article is for informational purposes only and does not constitute legal advice. For guidance on how this regulation applies to your specific situation, consult a licensed real estate attorney.