It’s official — the new Massachusetts home inspection disclosure law (760 CMR 74.00) is now live.

No panic required — just a few clear steps to keep your deals compliant and your clients protected.

Whether you’re a listing agent trying to update your workflow or a buyer’s agent explaining what’s changed, this guide breaks down everything in plain English.

🏛️ What Changed Under the New Law

The new regulation, 760 CMR 74.00: Residential Home Inspection Waivers, was created under the Affordable Homes Act (Chapter 150 of the Acts of 2024).

Here’s what that means in practice:

• Sellers and listing agents cannot require or even encourage buyers to waive or limit their home inspection.

• Sellers cannot accept offers that include a buyer’s intent to waive an inspection.

• Every transaction (for 1–4 unit residential properties, condos, or co-ops) now requires a separate written disclosure confirming the buyer’s right to a home inspection.

• Both buyer and seller must sign this disclosure before or at the signing of the first written contract (offer or purchase & sale).

• The inspection must be conducted by a licensed home inspector following state standards.

• Buyers may still choose not to inspect — but only after receiving the disclosure and without any pressure to waive.

Some transactions are exempt, including:

• Family or divorce transfers

• Foreclosures or deeds-in-lieu

• Certain new-construction sales (if not substantially complete and with a 1-year warranty)

• Transactions executed before October 15, 2025

🖋️ Who Must Provide the Form (and When)

Here’s how responsibility breaks down:

• The seller or the listing agent must provide the disclosure to the buyer or buyer’s agent.

• This must happen before or at the signing of the first written contract (the Offer to Purchase or P&S).

• Both buyer and seller must sign the disclosure.

• If the buyer is unrepresented, they must still receive and sign the form directly.

• If the first contract is dated before October 15, 2025, no new form is required — it’s grandfathered.

If the deal’s paperwork is dated October 15 or later, the new disclosure is mandatory.

📄 Download the Official Disclosure Form

The new Massachusetts Mandatory Residential Home Inspection Disclosure form replaces any older equivalents.

This is the only new form introduced by the regulation.

You can find and download it directly from Mass.gov.

Each form must include:

• Property address

• Seller signature(s)

• Buyer signature(s)

• Date signed

• Acknowledgment from the listing agent that the disclosure was properly delivered

It’s a single-page document — simple, but critical.

Keep it in every deal file, and make sure the signed version is shared with both parties.

🔍 How the Old Inspection Contingency Fits In

Let’s talk about everyone’s favorite topic: the inspection contingency.

The “Old Way”

Before 760 CMR 74.00, buyers often used an inspection contingency clause to protect themselves:

• Buyer hires an inspector within 7–10 days.

• If repairs exceed a certain threshold (say $30,000), the buyer could withdraw and recover their deposit.

• It was a reasonable safety net — unless waived to make an offer more competitive.

In a hot market, waiving the inspection contingency became a common tactic.
That’s exactly what this new law aims to curb.

The “New Way”

Now, things look a little different — and, arguably, more balanced.

The official disclosure form states:

“If the buyer chooses to have a home inspection, the buyer shall have a reasonable period of time after the full execution of the first written contract … to decide whether to proceed with the transaction if the results of the inspection are not satisfactory.”

So, under the new system:

• Buyers can still walk away based on inspection results.

• They still have a reasonable period after signing to inspect.

• But now, the right to inspect (and potentially withdraw) is built-in, not a bargaining chip.

• Sellers cannot require that right to be waived upfront.

What About Dollar-Threshold Clauses?

Good news — they’re not gone, just regulated.

The regulation allows reasonable limits or thresholds, such as repair caps or deposit refund limits, as long as they don’t make the inspection meaningless.

So, if both sides agree that the buyer can withdraw only if repairs exceed $30,000, that’s likely fine — as long as the buyer still had the opportunity to inspect and decide freely.

Think of it this way:
The buyer’s right to inspect is mandatory. What happens after inspection is negotiable.

Can a Buyer Still Waive Inspection Later?

Yes — but timing matters.

A buyer can choose after their offer is accepted to waive or limit inspection, as long as:

• They already received and signed the disclosure; and

• The choice is voluntary and not influenced by the seller or agent.

That means you can still have “as-is” sales — they just have to follow the disclosure first.

✅ Key Takeaways for Massachusetts Real Estate Agents

• Listing agents: Always attach or deliver the new disclosure early. Do not accept offers that pre-waive inspections.

• Buyer’s agents: Make sure your clients understand their rights — and the difference between this disclosure and the old contingency.

• Unrepresented buyers: You’re still required to receive and sign the disclosure before any contract.

• In-flight deals: If the offer or P&S is dated pre-Oct 15, you’re likely fine. But if anything is re-executed or redated after Oct 15, use the new form.

• File management: Save the signed disclosure with your transaction docs — this is now enforceable under M.G.L. c. 93A (unfair or deceptive business practices).

🧭 In Summary

This isn’t a paperwork burden — it’s a clarity boost.

Buyers stay protected. Sellers stay transparent. And agents stay compliant.

Just remember:

No form, no deal.

Make the disclosure part of your standard offer package, and you’ll never have to think twice.