760 CMR, § 74.03 - Limitations on the Waiver of a Home Inspection and Requirements of Seller

(1) A Seller of a Residential Property, or their Agent, shall not condition the acceptance of an offer to purchase or the execution of an agreement to sell on the Prospective Purchaser's agreement to waive, limit, restrict or otherwise forego a Home Inspection, in whole or in part, except when the sale of the Residential Property is to occur at an Auction or is otherwise exempted pursuant to 760 CMR 74.04.

(2) A Seller of a Residential Property, or their Agent, shall not accept an offer to purchase from a Prospective Purchaser, or an Agent thereof if the offer to purchase as accepted, or any other contract document related to the sale, would require the purchaser to waive, limit, restrict or otherwise forego a Home Inspection, in whole or in part, except when the sale of the Residential Property is to occur at an Auction or is otherwise exempted pursuant to 760 CMR 74.04.

(3) Not later than the signing of the first written contract to purchase a Residential Property, whether it is the offer to purchase or a Purchase and Sale Agreement, whichever occurs first, the Agent acting on behalf of the Seller, or the Seller if no such Agent is involved in the sale, shall provide a separate form that includes a copy of the following written disclosure which shall be signed by the Seller and Prospective Purchaser: "Pursuant to 760 CMR 74.00, Seller warrants and represents that the agreement to purchase is not, and in no event shall be, contingent upon waiver, limitation, or restriction of Buyer's choice to obtain a Home Inspection, in whole or in part (unless one of the exceptions under 760 CMR 74.00 applies). Seller agrees and acknowledges that Buyer may choose to have the premises inspected by a licensed home inspector of the Buyer's choice. The Seller further agrees, warrants, and represents that, if the Buyer chooses to have a Home Inspection, the Buyer shall have a reasonable period of time after the full execution of the first written contract as agreed to by the Seller and the Buyer, to decide whether to proceed with the transaction if the results of the inspection are not satisfactory to the Buyer."

(4) The inclusion of any contract provision that would Render a Home Inspection Meaningless, in the first written contract to purchase, whether in an offer to purchase, a Purchase and Sale Agreement, or otherwise, shall constitute a violation of760 CMR 74.03(1) or (2), as applicable.

(5) A Prospective Purchaser whose offer to purchase has been accepted by the Seller of a Residential Property in compliance with 760 CMR 74.03(1) and (2) and who has received written disclosure pursuant to 760 CMR 74.03(3) may subsequently waive, limit, restrict, or otherwise forego a Home Inspection, provided such decision by the Prospective Purchaser is not influenced or required by the Seller or the Seller's Agent.

Notes

760 CMR, § 74.03

Adopted by Mass Register Issue 1549, eff. 6/6/2025.