Seven Words That Can Complicate a Massachusetts Home Offer
A Massachusetts buyer can decide to skip a home inspection after receiving the required disclosure, but sellers and agents cannot condition acceptance of an offer on the buyer waiving or limiting the inspection.
“The Buyer Is Comfortable
Waiving the Inspection.”
In Massachusetts, these seven words can create a legal problem when a buyer communicates that intention before the seller accepts an offer. Sellers and their agents cannot condition acceptance on a buyer waiving or limiting an inspection. Sellers cannot accept an offer once the buyer has communicated an intention to waive. A buyer may decide to skip the inspection after receiving the required disclosure, free of pressure or inducement from the seller or agent.
Karla Goodale, owner and founding partner of Heine Goodale Law, had her own fair share of experience:
“There was easily a point at the height of the frenzy and this last market push, that I would say anywhere between 70 and 80 percent of my deals had a waived home inspection.”
— Karla Goodale
What Changed in Massachusetts?
Following the Affordable Homes Act, the commonwealth adopted 760 CMR 74.00, its residential home inspection regulation. The rules apply to covered transactions beginning Oct. 15, 2025.
Coverage includes one- to four-unit residential buildings, condominium units in buildings of any size, and residential cooperative sales, subject to specified exemptions. The first anniversary arrived Oct. 15. Forms, offer discussions, and inspection procedures deserve a fresh look.
Can a Buyer Choose to Skip the Inspection?
Timing and communication decide the question. A buyer’s independent decision to forgo an inspection after proper disclosure differs from proposing a waiver to secure acceptance. Emails and conversations count as much as contract language. A stated intention does not become harmless because it sits outside the formal offer.
“You can talk to each other all you want. You’re just not supposed to bring up home inspection. It’s not the seller’s business if you are or are not having a home inspection … It’s not, ‘Hey, as soon as you accept our offer, we’re going to waive our home inspection.’ That is no longer allowed.”
— Karla Goodale
We advise involving the transaction attorney before anyone communicates an unusual inspection proposal. A brief call beats a difficult correction.
When Must the Disclosure Arrive?
The seller or seller’s agent must provide a separate written disclosure before or at the signing of the first purchase contract, whether that is the offer to purchase or the purchase and sale agreement.
Buyer and seller both sign it—affirming the buyer’s right to a reasonable opportunity to obtain and review an inspection and to withdraw based on the results.
Build the disclosure into the offer process. Do not wait for purchase and sale preparation.
What Can the Parties Negotiate?
Reasonable terms, so long as the buyer keeps a meaningful inspection opportunity. The regulation permits negotiated parameters such as repair-cost thresholds and certain terms on deposit refunds.
“I always said have the inspection, have everyone know you’re having the inspection and then go and give them a large amount that if in aggregate it doesn’t reach this, then we’re not going to walk away.”
— Karla Goodale
It prohibits provisions that undermine the inspection, such as an unreasonable scheduling restriction or a clause that removes a meaningful ability to withdraw based on the findings.
Familiar phrases like “for informational purposes only” deserve a hard look. Legal effect depends on the full language and circumstances, including the rights the buyer retains. An attorney should review proposed restrictions before the parties commit.
“What the sellers and the listing agent kind of got the idea is like, oh, they’re going to have an inspection, but it’s not a big deal. The buyer could still walk away. It was for informational purposes.”
— Karla Goodale
An Inspection Right Is Not a Repair Promise
Obtaining information, exercising contractual rights, and negotiating repairs are three separate things. After an inspection, the parties may discuss repairs, a credit, a price adjustment, or another resolution. Whether either side must agree, and whether the buyer can terminate, depends on the applicable rules and transaction documents.
“Once you have that inspection, who knows what you’re going to find. … You just went from my house is great to $50-100,000 in repairs.”
— Karla Goodale
Bring mortgage professionals in when a resolution involves credits, unfinished work, or repairs that could affect financing. A deal between buyer and seller has to fit the lender’s requirements.
How Do Fall and Winter Change an Inspection?
Snow or leaves can hide exterior conditions. Cold can limit the testing of certain equipment. Vacant or winterized homes bring utility and access hurdles. State inspection guidance names these seasonal limits.
Agents can coordinate access to relevant spaces and confirm that utility arrangements are in place. Buyers can ask their licensed inspector what can be evaluated, what limits apply, and whether specialist inspections make sense.
What Belongs on the Pre-Contract Checklist?
Before the first purchase contract is signed:
- Confirm the required inspection disclosure has been provided and signed
- Review inspection language with the transaction attorney
- Keep an inspection waiver out of the offer pitch
- Set a workable inspection schedule
- Explain the buyer’s deadlines and contractual options
- Coordinate proposed repairs or credits with the lender
- Keep written records of agreed changes
Read the Regulation
The governing regulation is 760 CMR 74.00. The state’s Residential Home Inspections page provides the disclosure and guidance.
Have an Unusual Inspection Provision or a Buyer Asking About a Waiver?
Call the Heine Goodale Law team at (617) 467-5177 or email kgoodale@hgoodalelaw.com before submitting the offer.
Quick Answers
Are home inspections mandatory in Massachusetts?
No. The regulation protects the buyer’s opportunity to inspect but does not require every buyer to do so. A buyer’s independent decision to forgo an inspection differs from a waiver used to obtain seller acceptance.
Can a seller require a Massachusetts buyer to waive a home inspection?
No. Sellers and their agents cannot condition acceptance of an offer on a buyer waiving or limiting an inspection. A buyer may decide to skip one after receiving the required disclosure, free of pressure or inducement from the seller or agent.
How long must an inspection window be in Massachusetts?
The regulation prohibits an unreasonable scheduling restriction, and no fixed number of days has been determined, according to Heine Goodale Law attorney Karla Goodale. She says 24 hours could be reasonable, though in most cases it won’t be, and a couple of days is typical.
Can a buyer and seller agree on a repair-cost threshold?
Yes. The regulation permits negotiated parameters such as repair-cost thresholds, so long as the buyer keeps a meaningful inspection opportunity. An attorney should review proposed restrictions before the parties commit.
