A little context: what the law actually changed
When Massachusetts enacted 760 CMR 74.00 in October 2025 — effectively prohibiting sellers from conditioning an accepted offer on a buyer waiving their right to a home inspection — it landed at the tail end of the fall market. There wasn't much runway to measure its impact. A few transactions, a few awkward adjustments, and then the market quieted down for winter.
Now spring 2026 is behind us. Thousands of transactions have closed across Greater Boston. And I can say with confidence: this law has changed things in ways that are more significant than many buyers, sellers, and frankly some agents, were prepared for.
For well over a decade, waiving the home inspection was a standard competitive move in this market. Sellers expected it or even hoped for it. It made things so much easier for the seller. Buyers — reluctantly — delivered it. It wasn't ideal, but it was the difficult decision many buyers had to make in a market where multiple offers were routine.
760 CMR 74.00 ended that. Sellers and their agents can no longer condition acceptance of an offer on the buyer forgoing an inspection, in whole or in part. A required written disclosure must accompany every first written contract. Violations expose agents to Chapter 93A liability and potential license discipline. The exemptions are narrow: auctions, foreclosures, certain family transfers, and pre-completion new construction with qualifying warranties. For the typical resale transaction, the inspection is legally protected and back on the table.
What I'm seeing: more inspections = more friction, more deals in play
The most immediate effect is volume. Inspectors are busy. One inspector I spoke with recently told me his business is up more than 50% compared to this time last year. That's not a small uptick — that's a structural shift in how transactions are moving through the pipeline.
More inspections mean more is revealed. And more findings mean more to discuss and investigate, and that naturally means more friction. From our own experience we are seeing a meaningful increase in post-inspection renegotiations — buyers coming back to sellers with repair requests, credit demands, or price adjustments after the inspector's report comes in. Some of these are routine. Some are not.
It's worth noting that on more than a couple of occasions this year, inspections revealed some pretty substantial defects that would have otherwise gone undetected until well after the funds have changed hands.
I'm also seeing more deals come apart entirely. Properties that went under agreement are coming back to market — sometimes after significant time off — because a buyer's inspection turned up something the seller either didn't know about or wasn't prepared to address, or because the buyer was spooked or overwhelmed. Sometimes it's a simple misinterpretation that can sink a deal.
"More inspections means more findings. More findings means more negotiation. And more negotiation means the skill set of your agent matters in ways it simply didn't when buyers were waiving everything."
For sellers: the era of hoping it doesn't come up is over
This spring, I've seen or been party to transactions where significant defects surfaced during buyer inspections that neither the seller nor anyone on the listing side had identified in advance. Most of them will close — but not without often painful concessions that could have been avoided with better preparation up front. Turning potential mountains into molehills.
Thankfully for most of our listings, where we walked the property with a critical eye before coming to market, identified the likely pain points, and made deliberate decisions about what to repair, what to disclose, and pricing accordingly. Those deals usually close pretty cleanly. No surprises at the inspection.
The difference wasn't luck. It was preparation. Sellers should be asking their listing agent a direct question before they sign anything: have you been through enough inspections to know what's likely to come up on this property? Can you help me get ahead of it?
For buyers: your contingency language and your agent's reputation both matter
Having the legal right to inspect is the floor. Navigating what happens after the inspection report lands is a critical skill set that for many realtors was a muscle never developed or rarely exercised — and how your contingency is structured going in shapes all of it.
The aggregate waiver threshold in your inspection contingency — the dollar figure below which you agree not to walk away — matters more now. Are you planning to leave some potentially non-refundable money on the table to show you're serious? It's an option in some cases.
Your agent's reputation with the listing side also carries real weight. Agents known for using inspection contingencies as a renegotiation tool will have a harder time getting their buyers to the front of the line. Agents who rarely make an effort to see the property before they write an offer aren't able to adequately guide their clients on structuring inspection contingency language. From the perspective of the listing agent, having a buyer's agent with a solid reputation for professionalism and keeping deals together will play in a competitive environment.
The second-suitor opportunity most buyers are missing
With more deals coming apart post-inspection, there are more opportunities for buyers who lost out the first time around to circle back. If your offer wasn't accepted and the property goes back on the market after a failed inspection, you're now negotiating with a seller who has more information and, typically, more realistic expectations. There have likely been upfront disclosures added. The seller knows what the inspector found. They're often more cooperative than they were the first time.
This only works if your agent is spinning plates and paying attention — actively staying in contact with listing agents on properties where you had interest, and moving quickly when something comes back. Keeping you in the game in case there is an opening.
A candid observation about the industry
Navigating a home inspection negotiation well is a skill that is in higher demand more than ever. The waiver era masked this for years — if nobody's having inspections, nobody has to negotiate them. Now that inspections are standard again, I expect to see a little shake out that separates agents who are equipped to manage all the new directions having so many more home inspections brings to the table.
Key takeaways for buyers and sellers
Inspections are happening on nearly every transaction now. Sellers should prepare — not hope against — for what an inspector will find.
More deals are being renegotiated after inspection. More are falling apart. Your agent needs to know how to navigate both scenarios.
The inspection contingency structure, especially the aggregate waiver threshold in your inspection contingency can have broad consequences. Get it right for your situation.
When a deal falls apart over inspection, the property often comes back with more disclosures and a more realistic seller. Buyers who lost out the first time should stay close in case there's an opening.
Knowing your agent has the experience and the skill set to navigate these waters effectively will be all-important as you're choosing an agent to represent you and guide you through the transaction.
What it looks like when preparation meets pressure
"When the Fed began to raise rates, we began to panic. The team pivoted quickly, sped up our timeline, and strategized a listing plan that would drive interest fast. Their knowledge of the market led to multiple offers above our expectations with only one open house."
"BJ and Meredith provided caring and professional service on the sale of my home under extraordinary circumstances. They recommended and arranged all the services needed, and remained involved and responsive from the time offers were in hand all the way until closing."
Thinking about buying or selling?
Whether you're thinking about buying or selling — or you know someone who is — we'd welcome the chance to talk through your plans and see if our experience is the right fit. There's no obligation, just a straightforward conversation about where you're headed and how we can help.
This piece reflects The Boston Home Team's firsthand observations across Greater Boston transactions in spring 2026. Legal references are to Massachusetts regulation 760 CMR 74.00, effective October 2025. The inspector volume figure is a single practitioner's reported year-over-year change and is anecdotal. This is general information, not legal advice; consult a licensed attorney for questions about your specific transaction.
