Overview

• The policy, enacted under the 2024 Affordable Homes Act, prohibits sellers or their agents from conditioning offer acceptance on waiving, limiting, or restricting a home inspection.
• Buyers may still forgo an inspection after an offer is accepted, but they are barred from signaling that choice before acceptance.
• Once an offer is accepted, sellers must issue a new disclosure affirming the buyer’s inspection right, and standard contracts now include non-waiver language.
• Compliance falls to sellers and listing agents, with violations deemed unfair or deceptive acts that can put an agent’s license at risk and serve as evidence of intent to conceal in litigation.
• Exemptions cover auctions, transfers to family members or trusts, and new construction with a one-year builder warranty, as industry participants anticipate modest shifts in negotiations and paperwork.