Here’s the straight story on Massachusetts’ new home-inspection rules at time of sale—what changed, who’s covered, what you can and can’t put in an offer, and how to keep your deal clean.

 Here’s the straight, no-fluff update on Massachusetts’ new home-inspection rules and how they change offer strategy on Boston’s South Shore. Under 760 CMR 74.00 (Residential Home Inspection Waivers), sellers and listing agents may not condition acceptance of an offer on a buyer waiving a home inspection, and they may not accept an offer that pre-signals an intent to waive prior to acceptance. The regulation stems from the 2024 Affordable Homes Act and takes effect for purchase agreements dated after October 15, 2025. It applies broadly to typical residential sales (1–4 units, condos/co-ops), with limited exemptions (e.g., certain auctions, some family transfers, specified foreclosure-related transactions, and narrowly defined new-construction scenarios with a qualifying builder warranty).

A key requirement: a stand-alone, state disclosure must be delivered no later than the first written contract (offer or P&S—whichever is signed first). That disclosure confirms the deal is not contingent on inspection waiver, that the buyer may hire a Massachusetts-licensed inspector of their choice, and that the buyer will have a reasonable period after execution to make decisions based on the inspection. Failing to provide this form—or stuffing contracts with terms that make an inspection effectively meaningless—invites consumer-protection risk and potential licensing scrutiny.

What’s still allowed? After acceptance, a buyer can voluntarily decide to proceed without an inspection. That’s different from pre-acceptance pressure to waive. Reasonable deal structures—like a clearly defined inspection window and, where appropriate, a repair-cost cap—remain viable if they don’t undercut the buyer’s right to a real inspection.

What counts as “real”? In Massachusetts, inspections must follow 266 CMR 6.00 Standards of Practice: roofing, exterior, structure, electrical, plumbing, HVAC, interior, insulation, with a written report. It’s not an engineering study and not a code-compliance certificate—set expectations accordingly. On the South Shore—Duxbury, Marshfield, Pembroke, Kingston, Norwell, Scituate—tight inventory and coastal wear make tight-but-fair timelines and credible inspector scheduling essential. Sellers should prep: service major systems, clear access to attics/crawlspaces, and organize permits and records. Buyers should line up licensed inspectors and be ready to book the moment an offer is accepted.

Bottom line: pre-acceptance waiver tactics are over; process and preparation win. Use compliant forms, set realistic inspection clocks, focus negotiations on material issues, and keep momentum without sacrificing due diligence.

Call to Action: If you’re buying or selling on Boston’s South Shore, I’ll structure a clean, compliant, competitive plan under 760 CMR 74.00 and 266 CMR 6.00—protecting your money while keeping your deal on track. Call or text me today to get started.

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Jim Aldred is a Realtor serving Boston's South Shore and can be contacted via his Links below.
https://linktr.ee/SellingSouthieToSagamore
www.KWMASS.com

Email me at [e-mail]

cell: 339-987-0382