Massachusetts has enacted a regulation requiring all homebuyers to conduct inspections, ending the practice of waiving them in purchase offers. Chuck Silverston, Team Lead at The Chuck Silverston Team with Gibson Sotheby’s International Realty, says the change has removed a key tactic buyers once used to gain an edge in bidding wars.
“Massachusetts now has a regulation where every buyer has to have a home inspection, and buyers can’t waive home inspections,” Silverston says. He believes this has helped “level the market.”
The new rule targets a practice that intensified during the pandemic-era seller’s market, when buyers routinely waived inspections to make their offers more attractive. This exposed buyers to undisclosed property risks and allowed sellers to favor those willing to accept uncertainty.
Before the regulation, waiving inspections was a calculated move buyers used to strengthen their offers in markets with tight inventory and heavy competition. Sellers often prioritized offers that removed contingencies, including inspection clauses, because such deals were less likely to fall apart after problems were discovered. Buyers who waived inspections accepted the property as-is, reducing the chance of renegotiation or withdrawal.
This approach put first-time buyers and those with limited savings at a disadvantage. Experienced investors or buyers with substantial resources could absorb the risk of hidden defects. Newcomers, however, faced a difficult choice: waive inspections to compete or lose out to more aggressive bidders.
Skipping inspections also created information gaps. Sellers knew the property’s true condition, while buyers did not. Some buyers discovered major issues only after closing, with no recourse for repairs or compensation.
The regulation removes inspection waivers from the negotiation process. All buyers must now schedule and complete an inspection, so sellers can no longer use this contingency to differentiate between offers. Competition has shifted to other factors: price, financing terms, closing flexibility, and escalation clauses.
Silverston notes that buyers are no longer pressured to skip due diligence, and sellers must accept that all offers will include an inspection. This can lead to more negotiations over repairs or price adjustments when problems are found.
The regulation also affects transaction speed. Inspections take time to book and complete. Buyers also need time to review results and decide whether to proceed, renegotiate, or back out. This extends the period from offer acceptance to closing. For sellers seeking a quick deal, this is an inconvenience. For buyers who need time to finalize financing or logistics, it is a benefit.
The inspection mandate is part of a broader consumer protection effort in Massachusetts real estate. It follows other regulatory changes, including new rules around rental brokerage fees, that have shifted how agents and clients operate.
For buyers, the rule removes one source of pressure but does not eliminate competition. Multiple-offer scenarios remain common in desirable areas and for well-priced homes. Buyers can now assess a property’s condition before committing.
For sellers, the regulation means preparing for inspection-related negotiations. Properties with known or suspected defects may draw closer scrutiny. Sellers may need to make repairs or adjust listing prices to account for likely buyer requests.
The requirement also changes how agents advise clients. Buyer’s agents no longer need to discuss the risks of waiving inspections. Seller’s agents must set realistic expectations about the inspection process and the potential for renegotiation.
Silverston’s view that the regulation has “leveled the market” reflects a reduction in the high-risk tactics that defined the pandemic market. Whether this more balanced environment continues will depend on how supply and demand trends develop in the coming years. Massachusetts buyers can expect more transparency and less pressure to take on unknown risks, while sellers must adapt to a process that now includes a thorough property review at every transaction.
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