An IMPORTANT reminder that the Home Inspection Law was created to ensure buyers had a full opportunity to inspect a home as we are a “buyer beware” state. A real estate agent should never, nor allow their sellers, to try to circumvent the buyer’s rights defined in that law by creating their own limitations. An example of creating a limitation would be asking for inspections or terminations to only cover “major health or safety items”, for example. The regulations are veryyy clear: “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). The scope of the inspection is defined in the regulations and any attempt to redefine it create legal liability for you, your brokerage and your seller. How your seller choses to negotiate any inspection items found after the inspection is a completely separate topic and not part of the regulation, beyond the buyer’s right to terminate based on the standard purchase agreement options. Thanks for your attention to this important reminder!

