Older offer advice can be misleading. Massachusetts changed the rules for covered residential sales on October 15, 2025. Start with the current state guidance and your attorney’s review, rather than reusing an inspection waiver from an old offer.
Understand the current protection
For covered transactions, sellers cannot make acceptance depend on waiving or limiting inspection rights, or accept an offer expressing an intention to waive inspection. A separate disclosure is required before or when the first purchase contract is signed.
Review the actual terms
Ask your attorney whether the proposed period, access arrangements and negotiated limits comply with the rules. Reasonable negotiated thresholds may be allowed; labels such as “information only” do not establish that a clause is appropriate. Applicability and exemptions need property-specific review.
Turn the deadline into a plan
Contact an inspector promptly. Confirm the systems covered, report delivery, inaccessible areas and whether you should arrange specialist evaluations. Leave time to read the report, ask follow-up questions and obtain estimates before any required notice.
Separate findings from remedies
An inspector reports observations. Your attorney explains contractual choices, and your agent can help communicate a proposed resolution. A seller is not automatically required to perform every requested repair. Any negotiated repair or credit should be documented and coordinated with financing.
Questions to bring to your advisers
- Does this transaction fall within the current regulation?
- Have we received the required disclosure?
- What access and inspection time are provided?
- What actions and notices are needed after the report?
- Do we need a specialist and can they attend in time?
The state guidance explains buyer discretion and exemptions. Get advice on those details before choosing a course of action.
Sources and further reading
Contact Brian McFarland at HFM Realty to discuss your next move.