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In highly competitive real estate markets, buyers have felt pressured to waive their right to a home inspection when making an offer, knowing at least some competing buyers will likely do the same. A new state law taking effect October 15th 2025 aims to eliminate that contention. The new law includes language barring any contract provisions from frustrating the purpose of the home inspection, including “unreasonably limiting a prospective purchaser’s ability to schedule, receive, and review a home inspection.”
If the inspection reveals the need for expensive repairs, the buyer can proceed, renegotiate the contract, or simply walk away from the deal. Without an inspection, the buyer doesn’t know exactly what they’re getting until after they own it and have no other option but to foot the repair bill themselves. In recent years, some home buyers who waived their home inspection contingencies have discovered surprising and sometimes expensive repairs after the sale.
While home buyer advocates applaud the intention of the law — to level the playing field in what has been a years-long seller’s market because of lack of inventory — one concern is the potential difficulty to enforce it. A buyer’s agent could find a way to communicate that their client will forgo an inspection if their offer is accepted. As long as nothing is in writing who would know?
However, there are consequences for agents found violating the new law. Agents and brokers found violating Chapter 93A can be liable for triple the cost of the actual damages. Removing pressure on buyers to waive their rights to a home inspection fits in with Massachusetts’ long history of consumer protection initiatives. Home inspections protect everybody involved in the transaction.
