States eyeing regulations amid rise in waived home inspections
More home buyers are opting to forgo the housing inspection contingency in order to make their offers more attractive to sellers, according to the National Association of Realtors® (NAR). With so many buyers skipping inspections, the home inspection industry is now pushing state lawmakers to address the issue.
When buyers “waive” the inspection contingency, they agree to buy the home as is, without the right to back out because of inspection results. This can make their offer more attractive to sellers, especially in a competitive market where multiple buyers are bidding on the same home.
In September 2025, 21% of buyers waived the inspection contingency, up from 18% in August 2025 and 17% in September 2024, according to NAR.
Home inspectors push for legislative action
More homebuyers are waiving the home inspection contingency when making an offer, which could lead to buyers missing problems in the home. The move is causing concern in the home inspection industry, which is lobbying state lawmakers to regulate this practice.
And some states are writing laws on the books. In 2024, Massachusetts passed the Affordable Homes Act, which includes a rule that home sellers cannot require buyers to waive a home inspection as a condition for accepting their offer. The law is meant to protect buyers by preventing sellers from forcing them to skip home inspections.
NAR spoke to Sarah Gustafson, president of the Massachusetts Association of Realtors, who said the law probably won’t change much in practice. She said the market was already moving back toward buyers, including inspections in their offers. Buyers can still make their offer more appealing to sellers by offering a higher price, agreeing to a specific closing date or making other concessions.
States respond with new protections
The Massachusetts Association of Realtors is helping agents and clients understand the new rule that sellers must formally tell buyers they can get a home inspection and give them enough time to do it before finalizing the sale.
New York is considering similar legislation. Lawmakers in New York are proposing a new bill for the 2025–2026 legislative session that would ban both sellers and buyers from making a deal that involves waiving or limiting the buyer’s right to a home inspection.
Editor’s note: Lauren Keenan is a licensed real estate agent in the Omaha metropolitan area.
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Ella Rae Greene, Editor In Chief
