As of October 15, 2025, it’s now illegal for home sellers in Massachusetts to accept offers that waive a home inspection. This change, signed into law by Governor Maura Healey, is designed to protect homebuyers after years of intense competition in the real estate market. You can read the full regulation on the Massachusetts state website here:
https://www.mass.gov/regulations/760-CMR-7400-residential-home-inspection-waivers
Why Massachusetts Passed This Law
This law is a direct response to the frenzied seller’s market we all witnessed during the pandemic.
At the peak, a single Cape Cod property might receive 20 or more offers, often including bids that were well over asking, all cash, and with no inspection contingency.
In that kind of environment, buyers felt pressure to skip inspections just to compete. While I never told my clients not to have an inspection, I did help them understand how waiving or modifying their inspection could affect the strength of their offer. Some buyers chose to waive the inspection, others wrote in that the inspection was “for informational purposes only,” shortened the inspection window, or set a repair threshold below which they wouldn’t negotiate.
How the New Law Impacts Sellers
There’s no question that sellers lose under this new law. Inspections are the number-one way buyers can withdraw from deals without losing any money. When a buyer backs out after being under contract, it hurts the seller. The home has been off the market, losing time, momentum, and possibly other interested buyers along the way.
How the New Law Impacts Buyers
For most buyers, this change is a good thing. A home purchase is often the biggest financial decision of a lifetime, and having the right to an inspection ensures you know what you’re getting into.
However, not every buyer benefits equally. On Cape Cod, while the market has cooled from its white-hot pandemic peak, certain homes—especially those near the beach or priced for first-time buyers—still attract multiple offers.
Unintended Consequences
Not every buyer will see this as good news. Interestingly, some may actually lose out under the new rule. Over the past few years, I’ve worked with both first-time buyers and experienced buyers in construction and the trades who could confidently waive an inspection because they planned to handle repairs themselves. Their expertise gave them an edge in competitive bidding situations. That advantage is now gone, and those buyers may have to pay more than they would have otherwise.
Final Thoughts
My feelings about this law are mixed. It makes sense for consumer protection, and overall, it helps ensure that buyers get full information. It also changes the strategy for both sides of a transaction.
If you’re planning to buy or sell on Cape Cod, I’d be happy to help you navigate this new Massachusetts real estate law and craft an offer or listing strategy that works in today’s market.
