Massachusetts just implemented a significant new rule that reshapes how offers are written and accepted in residential real estate. Effective October 15, 2025, sellers can no longer condition acceptance of an offer on a buyer waiving a home inspection. This regulation - adopted under the Affordable Homes Act - aims to stop the practice of pressuring buyers to skip inspections just to be competitive.
What Changed
- No “inspection-waiver” offers - Sellers and listing agents cannot accept an offer because the buyer waived the inspection.
- Buyers still choose - A buyer may decide not to inspect, but that decision must be the buyer’s alone – not influenced by the seller or the seller’s agent. In other words: inspections are not mandatory, but the buyer will have a right to complete one.
- New mandatory disclosure - At the first written contract (Offer to Purchase or Purchase & Sale), sellers must provide a Home Inspection Disclosure Form confirming the buyer’s right to inspect; both sides sign it.
Exemptions
The rule doesn’t apply to new-construction sales when the seller provides a one-year written warranty, intra-family or trust transfers, and certain foreclosure/auction-type sales. If you’re in one of these categories, confirm details with your attorney.
What’s Not Changing
- “As-is” sales remain allowed - Sellers can still market and sell a property as is. The rule doesn’t force sellers to make repairs or grant price reductions after an inspection; it simply protects a buyer’s ability to conduct one. Negotiation is still negotiation.
- Competitive markets will still be competitive - The State’s goal is fairness, not slowing deals. You can still structure clean, timely offers—just without inspection waivers as a bargaining chip.
- Reasonable Parameters for Inspection Timing and Threshold Amounts – Inspection contingencies should (in most cases) be included in offers, but they must still be reasonable in terms of both timing and kick-out threshold amount. There were clear warnings about incorporating inspection contingencies that are de facto waivers (e.g. an inspection deadline of 1 hour with a $1 million repair threshold), but the law contemplates that there should still be reasonable limits on inspection contingencies.
Bottom Line for Boston Home Buyers and Sellers
This rule is designed to protect a buyer’s right to due diligence without mandating inspections or handcuffing negotiation. Expect more transparency, a fairer playing field for first-time buyers, and fewer “no inspection, no deal” conversations—while sellers retain the option to sell “as-is” and transact efficiently with clear timelines.
If you’re planning to buy or sell in Boston, I’m happy to walk you through the new disclosure, recommended timelines, and strategies tailored to your situation.