You’ve found the right house on Cape Cod and you’re ready to make an offer — only to discover the approach you planned is no longer allowed in Massachusetts. For buyers across the commonwealth, a newly enacted rule has changed how offers are written, and submitting a noncompliant one could cost you the deal.
On October 15, 2025, Massachusetts became one of the first places in the country to prohibit sellers and their agents from conditioning a home sale on a buyer waiving their right to a home inspection. The regulation, adopted under the Affordable Homes Act, was designed to protect buyers from the pressure tactics that became common during the COVID-era bidding wars, when waiving inspections was often seen as the price of winning a competitive offer. For buyers and sellers on Cape Cod — where inventory remains tight and competition is fierce — understanding the new rules is crucial.
What’s Actually Changing
Under the new regulation, sellers and their agents are prohibited from conditioning the acceptance of an offer on a buyer agreeing to waive or limit their right to a home inspection. Buyers are also prohibited from signaling an intent to waive an inspection before an offer is accepted — meaning the long-standing tactic of skipping the inspection to make a bid more competitive is no longer allowed.
The policy responds to a trend that accelerated during the COVID-era housing boom, when buyers routinely waived inspections to compete in bidding wars — often discovering costly repair issues only after closing. “This rule catches a lot of sellers off guard at the last minute,” says Heath Coker, a broker with Robert Paul Properties in Falmouth, who has worked in Cape Cod real estate for over 30 years. The regulation applies to residential properties of one to four units, condominium units, and co-op shares across the commonwealth.
Importantly, buyers are not required to get an inspection. Once an offer is accepted, a buyer may still choose to forgo one — but that decision must be made independently, without any pressure or encouragement from the seller or their agent.
The regulation also introduces a new mandatory disclosure form that must be signed by both buyer and seller at or before the signing of the first written purchase agreement. The form confirms that the sale is not contingent on the buyer waiving their inspection rights and acknowledges the buyer’s right to hire a licensed inspector of their choice.
How to Make Sure Your Offer Complies
For buyers, the most important step is ensuring your offer does not signal any intent to waive or limit a home inspection — either explicitly or implicitly. Even a casual remark from your agent to the seller’s agent could be enough to disqualify your offer. Work closely with a knowledgeable agent who understands the new requirements and review every document carefully before submitting.
Sellers and their agents should develop a clear process for screening incoming offers. The mandatory disclosure form must be signed by both parties at or before the signing of the first written purchase agreement — so having it ready in advance will help keep transactions on track. Accepting a noncompliant offer could expose both parties to legal consequences under the commonwealth’s consumer protection laws.
One thing buyers should keep in mind: while you cannot waive an inspection as part of your offer, you do retain the right to make that choice after an offer is accepted. At that point, the decision is yours — provided it is made without any pressure or encouragement from the seller or their agent.
Who Is Most Affected
The new regulation has the greatest impact on experienced buyers and investors — particularly those accustomed to fast-paced deals or competitive bidding. In markets like Cape Cod, where desirable homes attract multiple offers and inventory remains limited, waiving the inspection was a common way to make a bid stand out. That tactic is now off the table at the offer stage.
First-time buyers, who typically conduct inspections as a matter of course, may not notice much change in practice. Repeat buyers and investors, however, will need to rethink their approach. “This is catching even seasoned buyers by surprise,” says Coker.
Sellers and their agents are equally affected. Those who have grown accustomed to encouraging or accepting inspection waivers — even informally — now face potential legal exposure under the commonwealth’s consumer protection laws if they run afoul of the new rules. For agents on both sides of a transaction, staying current with the regulation isn’t just good practice; it’s a legal obligation.
A New Landscape
The regulation took effect October 15, 2025, and there is no grace period. Any offer submitted after that date must comply. For buyers, the key takeaway is straightforward: don’t rely on past experience. What was standard practice in 2023 or 2024 may now be grounds for rejection.
For sellers and their agents, the priority is ensuring every incoming offer is screened for compliance before acceptance. The legal exposure for getting it wrong is significant — violations can constitute unfair or deceptive practices under commonwealth consumer protection law.
The regulation has reshaped how offers are written and evaluated across the commonwealth, and the learning curve is real. “Staying current with law changes is the difference between closing a deal and losing it,” says Coker.
About the Expert: Heath Coker is a real estate broker with Robert Paul Properties in Falmouth, Massachusetts. With more than 30 years of experience, he specializes in luxury and waterfront properties across Cape Cod’s upper shore, including Falmouth, Bourne, Sandwich, and Mashpee.
This article is based on information provided by the expert source cited above. It is intended for general informational purposes only and does not constitute legal, financial, or real estate advice. Readers should conduct their own research and consult qualified professionals before making any real estate or financial decisions.
