For years, Massachusetts homebuyers faced an impossible choice: skip the inspection or lose the house.
That ends October 15th.
The Problem We've Been Living With
In this seller's market, "highest and best" became code for "who's willing to take the biggest risk." Buyers would waive inspections just to get their offers noticed. First-time buyers competing against cash offers felt it most.
I've seen families put their life savings into homes they'd never had professionally examined. That's not home buying. That is gambling.
What's Actually Changing
The Affordable Homes Act now prohibits sellers from accepting offers that waive inspections. They cannot condition acceptance on waiving inspection. They cannot even accept an offer where the buyer indicates they plan to waive - unless it falls under specific exceptions.
This is law, not a suggestion.
Your new protected rights:
- You must be allowed to inspect any home you're buying
- You get reasonable time to review inspection findings
- You can negotiate repairs or walk away based on those findings
- Both buyer and seller must sign a disclosure form acknowledging these rights
- You and the seller can agree to reasonable repair cost thresholds
Important: After receiving proper disclosures, buyers CAN still choose to skip inspection if they want, but only without any pressure or incentive from the seller. The choice must be yours alone.
What's covered:
- Single-family homes
- Condominiums (in buildings of any size)
- Multi-family properties (1-4 units)
- Residential co-ops
The exceptions (these can still waive):
- Foreclosures and short sales
- Transfers between family members
- Divorce-related transfers
- New construction with builder warranties
- Estate planning transfers to relatives
Why This Actually Matters
Too many buyers have been forced to choose between protecting themselves and getting their offer accepted. While I've always advocated for inspections, the market reality meant buyers would sometimes skip them anyway - then discover major issues after closing. Electrical problems, foundation cracks, roof leaks, old HVAC systems. Problems that would have been caught by any decent inspector.
This happens all the time in competitive markets. Buyers cave under pressure, then live with the consequences.
Sellers have gotten comfortable with this dynamic. Why price a home to reflect needed repairs when someone will waive inspection anyway? That beautiful Victorian with "character"? If the character includes a failing roof, the price will soon need to reflect that upfront.
What Happens Now
Starting October 15th, the inspection contingency becomes standard again. You'll still get the same inspection you always could - but now you won't lose the house for wanting one.
The disclosure form is mandatory. No exceptions. Both parties sign before any offer moves forward. This protects everyone and makes the rules crystal clear.
Fair warning: the market will need time to adjust. Sellers who've gotten used to no-inspection offers might initially resist. But the law is the law.
Your Next Move
If you're buying after October 15th, you compete on price and terms - not on who's willing to go in blind.
Write your offers with confidence. Include that inspection contingency. It's your right.
Want to understand exactly how this changes your buying strategy? I've been working through these new rules with all my clients. Let's sit down and map out what this means for your specific situation.
Questions about what this means for you? Let's talk. I've been working through these changes with all my clients.
