The home inspection law that you should know in 2026
If you’re thinking about buying real estate this year, I have some good news for you: home inspection waivers are no longer a thing.
Wait, was it ever a thing?
Sure was. Waived home inspections were a standard strategy to winning bidding wars during Covid, when interest rates were low.
Under the new home inspection law which took effect in October 15, 2025, sellers will not be able to accept an offer where the prospective buyer indicates in advance an intent to waive a home inspection. Where the offer contract previously had a paragraph for buyers to indicate a home inspection waiver, that particular paragraph has now been modified.
This what the home inspection clause looked like before:
This is what it looks like now:
No buyer is allowed to indicate an inspection waiver.
To articulate the sequence of events, the seller would first accept the offer, then ask if the buyer would like to schedule the home inspection as indicated. Sellers may not refuse an inspection request.
How would this new home inspection law play out in a competitive Boston market?
Do not be fooled. While this move does put some power back into buyers’ hands, the Boston/Greater Boston market is still a seller’s market... inventory crunch is real, and buyers will do just about anything they can to secure their dream home.
Here are some moves that I anticipate in a multiple-offer scenario:
Buyers will indicate a high home inspection contingency amount, e.g., $15,000. It’s the “I will not waive my home inspection, but I will not walk away unless the sum of repairs exceeds $X” message.
“Purchase of home is as-is” language, AKA “I will have my home inspection, but I will not renegotiate on price nor ask the Seller to repair any items found in the inspection”.
Pre-offer home inspections may still happen. A buyer who has had the house inspected before sending in an offer? Think about the message that sends.
You cannot waive your right to a home inspection, but the homeowner has the right to deny your repairs
Sellers are NOT OBLIGATED to negotiate or fix repairs based on home inspection findings.
This part isn’t new - Sellers have never been obligated to adjust pricing or negotiate repairs in spite of home inspection findings. Your due diligence is never a due recourse.
