Massachusetts Home Buyer Guide

Absolutely! At Buyers Brokers Only, we strongly support proposed Massachusetts state regulations aimed at protecting home buyers' rights to a home inspection.

These regulations, 760 CMR 74.00, issued by the Executive Office of Housing and Livable Communities (EOHLC), stem from legislation passed in August 2024. The proposed rule would prohibit sellers from requiring or encouraging buyers to waive a home inspection as a condition of purchasing a property.

Specifically, sellers would be barred from conditioning a home sale on a buyer's agreement to forgo any part of an inspection. Sellers would be prohibited from accepting offers that include such waivers and must inform buyers in writing of their entitlement to a professional home inspection before purchase. These protections apply to most sellers, excluding government housing agencies.

Buyers Brokers Only views home inspections as a necessity, not a luxury, and believes buyers should not be pressured into waiving an inspection to have their offers accepted. We emphasize that the regulations prioritize buyers' rights over market pressures and profit motives, promoting a fair and transparent process.

While the regulations ensure the right to inspect, it does not obligate sellers to make repairs. Instead, it empowers buyers to make informed decisions about a property's condition, crucial for avoiding unexpected and potentially significant costs, especially for first-time buyers.

The EOHLC is currently accepting public comments on these proposed regulations until 11:59 p.m. on May 16, 2025. Interested individuals and organizations are encouraged to express their support by emailing EOHLCRegulationComments@mass.gov with the subject line "Comments on 760 CMR 74." Buyers Brokers Only urges consumers, home inspectors, and real estate professionals to contact the EOHLC to advocate for the adoption of these important protections for home buyers. 

Please read our press release advocating for home buyers. 

If you believe home buyers should have a right to a home inspection, the following is an email you can edit and send tonight (May 16, 2025). 

Subject: Comments on 760 CMR 74

To the Executive Office of Housing and Livable Communities,

My name is [Full Name], and I am a first-time home buyer in Massachusetts. I am writing to express my strong support for the proposed regulation 760 CMR 74.00, which would prohibit home sellers from requiring or encouraging buyers to waive, limit, or restrict their right to a home inspection as a condition of purchasing a property.

As someone actively looking to buy my first home, I’ve felt the pressure to waive a home inspection just to compete in today’s real estate market. That pressure is not only unfair—it directly impacts affordability. Saving for a down payment and closing costs is already difficult. The thought of facing unexpected and potentially expensive repairs after moving in makes buying a home feel like a risky gamble, rather than a secure investment.

The ability to have a thorough home inspection is essential for making an informed decision. It’s not just about peace of mind—it’s about financial protection. For many first-time buyers like me, there simply isn’t extra money available to replace a failed heating system, repair structural issues, or address safety hazards that might be discovered during an inspection.

I respectfully urge the department to adopt this regulation without weakening the language. The inclusion of terms like “limit” and “restrict” is critical to prevent the use of loopholes or partial waivers that leave buyers vulnerable.

Thank you for considering the needs and concerns of first-time home buyers. This regulation will make the home-buying process more fair, transparent, and accessible for people like me who are just trying to make a safe and responsible investment in their future.

Sincerely,
[Full Name]
[City or Town, MA]
[Email Address] (optional)
[Phone Number] (optional)