Here are some Q and A's from The Mass Association of Realtors legal Team: January 1, 2026
Q: According to the home inspection law, can a seller accept an offer that waives a home inspection?
A: No, a seller cannot accept an offer that waives a home inspection. The law ensures that buyers have the unwaivable right to decide whether to conduct a home inspection after entering into a contract to purchase.
To effectuate this right, sellers are prohibited from accepting offers that require buyers to waive, limit, restrict or forego a home inspection. Additionally, prospective buyers and their agents are not allowed to convey, directly or indirectly, any intention to not perform an inspection before the offer is signed. This includes indicating unreasonable timeframes or repair thresholds that would render the home inspection contingency meaningless.
Once the parties are under contract, the buyer is not obligated to conduct a home inspection, provided they have received the necessary written disclosure and have not been pressured by the seller or the listing agent.
However, there are a few narrow exemptions to this rule. These generally include transactions that are not arm’s length, such as transfers due to divorce, foreclosure, or estate planning purposes. One relevant exemption for REALTORS® is for new construction where there is not substantial completion of the home.