A new Massachusetts law is set to change how home inspections are handled in real estate transactions, and it officially goes into effect in 2025. The law was created in response to the competitive housing market of the past several years, when many buyers felt pressured to waive home inspections in order to compete—especially during bidding wars. The new legislation is designed to make sure every buyer has a fair opportunity to understand the condition of a home before moving forward with a purchase.
Under the new law, buyers must receive a state-issued Home Inspection Rights Disclosure Form before submitting an offer. This form clearly explains a buyer’s right to a home inspection and outlines the purpose and benefits of having one performed. The goal is to ensure that buyers make informed decisions during the offer process.
One of the most significant aspects of this law is that it prohibits buyers from waiving a home inspection as part of their initial offer. In other words, buyers can no longer use a pre-offer inspection waiver as a strategy to make their offer more competitive. Likewise, sellers and listing agents can no longer require or pressure a buyer to waive a home inspection in order for their offer to be considered. This is a major shift from what we saw in recent years, when waived inspections became a common tactic to win bidding wars.
However, it’s important to understand that buyers may still choose to waive a home inspection—but only after their offer has been accepted. The decision must be voluntary and cannot be encouraged or required by the seller or their agent. This keeps inspections available to buyers while still giving them flexibility in how they structure their offer strategy after acceptance. The law aims to remove the “waive inspection to win” mindset from competitive offer situations.
This doesn’t mean inspections will look the same in every transaction. Many buyers today are using what’s known as a “home inspection for informational purposes only” approach. In this case, the buyer schedules a home inspection after their offer is accepted, but they agree upfront not to renegotiate based on minor findings. They simply want to understand the home’s condition so they can make a confident decision to move forward or walk away if significant issues are uncovered. This strategy provides a middle ground—it keeps buyers protected while giving sellers confidence that the deal won’t fall apart over small repair requests.
From what I’m seeing in the market, this new law may not dramatically change buyer behavior the way some expect. Over the past year, the market has already begun to self-correct, and buyers are no longer waiving inspections as frequently as they did in 2021 and 2022. Most buyers today recognize the value of due diligence, and most sellers understand that reasonable inspections are a normal part of a healthy real estate transaction.
Supporters of the law argue that this consumer protection is necessary to prevent future pressure on buyers if the market heats up again. They believe inspections should never be sacrificed simply because inventory is low or competition is high. On the other hand, some believe the law removes a negotiation option that helped certain buyers—especially those comfortable with risk—make their offers stand out. When competition is high, flexibility is important, and some feel this rule limits strategic options.
From my perspective, while I understand the intent behind the law, I’m not entirely convinced it was necessary. The market was already moving away from waived inspections as competition eased, and most buyers were already choosing to protect themselves. That said, I also believe in transparency and fairness, and I support any effort that ensures buyers are making informed decisions—not pressured ones.
Ultimately, this law is designed to level the playing field. It ensures that no buyer is forced—or feels forced—to waive their right to an inspection just to compete. By taking pre-offer inspection waivers off the table, all buyers now begin the offer process on equal footing, regardless of their budget or level of experience.
If you have questions about how this law affects your buying strategy or how inspections factor into a strong offer, I’m here to help. Let me know if you have any questions or if you are looking to sell your home and need help buying a home.
— Tori Harrison
