Massachusetts Buyers Can Still Skip the Inspection — Just Not to Win the Bid
Since October 15, 2025, Massachusetts sellers generally cannot condition acceptance of an offer on a buyer waiving a home inspection. But buyers aren’t required to get one. The protection preserves your right to inspect—without forcing you to use it.
For years, buyers competing in a fast-moving market faced a difficult choice: keep the home inspection contingency, or waive it to make their offer more appealing.
At the height of the market frenzy, Karla Goodale, owner and founding partner of Heine Goodale Law, estimates that 70–80% of her deals involved a waived home inspection, depending on geography.
“It was the number one thing that buyers could do to compete.”
Karla Goodale Owner & Founding Partner, Heine Goodale Law
That waiver playbook changed when new protections took effect on October 15, 2025, under Massachusetts General Laws Chapter 143, Section 101, and 760 CMR 74.00.
Did Massachusetts Make Inspections Mandatory?
No. A buyer can still decide not to have a home inspection. The protections address how inspection rights are treated during the offer and contracting process.
The distinction matters: choosing not to inspect is different from using an inspection waiver to secure the seller’s acceptance.
Why Were Waivers So Attractive to Sellers?
An inspection can introduce uncertainty into a transaction: additional questions, repair requests, negotiations, or a buyer’s decision not to proceed under the contract’s inspection terms.
“Once you have that inspection, who knows what you’re going to find.”
Karla Goodale Owner & Founding Partner, Heine Goodale Law
A seller who believes a property is in excellent shape may suddenly face a report identifying significant repair costs. Learning about a problem can also raise questions about disclosure obligations, which depend on the facts and applicable law.
For sellers, a waiver offered greater certainty. For buyers who couldn’t submit the highest bid, it offered another way to compete. The new protections change that dynamic.
What Can a Seller No Longer Do?
For covered transactions, two restrictions are especially important:
- Condition acceptance on a waiver: a seller generally cannot require a buyer to waive, limit, restrict, or otherwise forgo the inspection right as a condition of accepting an offer.
- Accept an offer after advance notice of a waiver: a seller generally cannot accept an offer when the buyer or buyer’s agent has communicated, directly or indirectly, an intention to waive the inspection right before acceptance.
Can Buyers and Agents Still Discuss Inspection Terms?
Yes. Inspection arrangements and reasonable contract terms still need to be discussed. The concern is communicating an intention to waive or restrict the protected right in order to obtain acceptance.
Casual comments, side conversations, and indirect signals can create issues just as written language can. Buyers, sellers, and agents should work with counsel on offer language and communications rather than assume an informal workaround is acceptable.
How Short Is Too Short?
A buyer who chooses to inspect must have a reasonable period after the first written contract to complete the inspection, review the results, and make the relevant decision.
The rule does not set a universal number of days. Whether a period is reasonable depends on the circumstances.
“Could 24 hours be reasonable? Yes. But in most cases it won’t be.”
Karla Goodale Owner & Founding Partner, Heine Goodale Law
Goodale points to a couple of days as a practical expectation in many situations—not a fixed legal minimum or a guarantee that a particular deadline will be reasonable.
Can Buyers and Sellers Still Negotiate Terms?
Yes. Reasonable inspection timelines, repair-cost thresholds, and deposit-return provisions remain matters for negotiation within the protections of the law.
But terms matter. A high repair-cost threshold may make an offer more appealing while also limiting the buyer’s ability to terminate based on inspection findings.
Before agreeing, understand exactly what triggers your right to withdraw, what notice is required, and what happens to your deposit. Terms should not operate as a disguised waiver of the protected right.
The Disclosure Belongs at the Start.
For covered transactions, the seller must provide the Massachusetts Mandatory Residential Home Inspection Disclosure before or at the signing of the first written contract.
Depending on the transaction, that first contract may be the offer or the purchase and sale agreement. The required disclosure addresses the buyer’s inspection rights and confirms that acceptance was not conditioned on giving them up.
Which Properties Are Covered?
The protections cover most residential transactions involving single-family homes, buildings with up to four residential units, condominium units, and residential cooperative units.
Exceptions exist, including certain foreclosure transactions, qualifying family transfers, specified estate-planning transfers, qualifying auctions, and some new-construction sales under specific conditions.
Whether an exception applies depends on the details of the transaction. Don’t assume a sale is exempt simply because it involves new construction, a family member, or an unusual transfer.
What Should Buyers and Sellers Do Now?
For Buyers
Treat the inspection contingency as an important part of your agreement.
- Know the inspection and notice deadlines.
- Understand any repair-cost threshold.
- Review termination and deposit-return terms.
- Use a licensed Massachusetts home inspector.
- Attend, ask questions, and read the report.
For Sellers
Review your offer process before offers arrive, especially in a multiple-offer situation.
- Confirm compliant offer instructions.
- Avoid soliciting inspection waivers.
- Review inspection provisions with counsel.
- Provide the required disclosure on time.
- Ask about any claimed exception.
Violations Can Carry Real Consequences.
Violations by people acting in a business context, including real estate brokers and salespersons, may constitute unfair or deceptive practices under Massachusetts General Laws Chapter 93A.
Licensed professionals may also face action by their licensing board. Careful contract language and compliant communications deserve attention from the beginning of the transaction.
An Inspection Isn’t a Guarantee.
A standard home inspection generally evaluates visible, accessible systems and conditions. It does not establish that every potential issue has been tested or ruled out.
Depending on the property and inspection scope, additional testing, specialist evaluation, or document review may be appropriate for:
- Radon
- Lead paint
- Mold and indoor air quality
- Private wells and water quality
- Wood-destroying insects
- Septic systems and Title 5
- Solar equipment and agreements
- Structural concerns requiring a specialist
Review the Terms Before You Sign.
Buying or selling in Massachusetts? The Heine Goodale Law team can help you understand inspection provisions, required disclosures, and the obligations in your agreement.
Want your inspection terms reviewed before you sign? Contact our team.
Quick Answers
Does Massachusetts require every buyer to get an inspection?
No. Buyers can still choose not to inspect. The protections prevent the inspection right from being used as a waiver-based condition of offer acceptance in covered transactions.
Can a seller accept an offer after a buyer says they will waive inspection?
Generally, not in a covered transaction when the buyer or buyer’s agent communicates that intention before acceptance. Direct and indirect communications can both matter. Ask your attorney whether an exception applies.
Can buyers and sellers negotiate inspection deadlines and terms?
Yes. Reasonable timelines, repair-cost thresholds, and deposit-return provisions remain negotiable within the protections of the law. Review how the terms affect your rights before signing.
How short can the inspection window be?
The rule calls for a reasonable period and does not establish a universal number of days. Karla Goodale notes that 24 hours could be reasonable in some circumstances, but usually will not be. The appropriate period depends on the transaction.
When is the inspection disclosure required?
For covered transactions, the required disclosure must be provided before or at signing the first written contract. That may be the offer or the purchase and sale agreement. Confirm the timing and signatures with your attorney.
Does a standard inspection cover every possible problem?
No. A standard inspection has a defined scope and limitations. Environmental testing, septic evaluation, water testing, specialist assessments, and review of equipment agreements may require additional services.
