By William M. Tasch, Attorney at Law

In today's competitive real estate market, homebuyers face increasing pressure to make their offers more attractive to sellers—sometimes at the expense of their own protection. One troubling trend is the waiving of home inspections, a practice that has been encouraged by recent changes to standard real estate contracts in Illinois. As your advocate in the homebuying process, I want to explain why inspections remain absolutely essential, regardless of market conditions.

The Standard Practice in Chicagoland

In the Chicagoland area, home inspections have long been a standard part of the real estate transaction process. After a seller accepts a buyer's offer, the buyer typically has a one-week window before closing to bring in a professional home inspector. This inspector examines the property for issues ranging from minor maintenance concerns to major structural problems.

This inspection period represents a crucial opportunity for buyers to truly understand what they're purchasing—before it's too late.

Why Inspections Are Vital: "Caveat Emptor"

Illinois follows the legal principle of "caveat emptor," or "buyer beware." This means that once closing occurs, the buyer not only owns the home but also inherits all of its problems. Unless specifically addressed in your contract, sellers generally have no obligation to disclose or fix issues after the sale.

The home inspection is your primary shield against unknowingly purchasing a property with significant defects. Without this protection, you're essentially buying a mystery box that could contain costly surprises.

The Range of Potential Issues

No home is perfect—even newly built properties have defects. Through years of representing homebuyers, I've seen the full spectrum of problems that inspections can uncover:

• Structural issues that threaten the integrity of the entire building
• Electrical systems that present fire hazards
• Plumbing problems and water damage
• Foundation cracks and settling issues
• Roof defects leading to leaks
• HVAC systems nonfunctioning
• Work completed without proper permits or not up to code
• Evidence of past flooding or water intrusion

In the worst cases, a property might actually be a teardown—worth little more than the land it sits on. An inspection gives you a chance to discover these issues before you're legally bound to the purchase.

The Troubling Evolution of the Multi-Board Contract

Real estate transactions in Chicagoland typically use a standardized form known as the "Multi-Board" contract, created by a collaboration between realtor associations and the Illinois Real Estate Lawyers Association (IRELA).

In 2020, a concerning change was made to this contract. Rather than providing buyers with an unconditional right to inspect, the revised form added an "optional" paragraph allowing buyers to waive the inspection contingency. While this option was rarely used, its mere presence suggested that waiving an inspection was a reasonable choice—which it rarely is for the average homebuyer.

The 2025 Multi-Board 8.0: A Step in the Wrong Direction

More alarmingly, the new 2025 Multi-Board form (known as "Multi-Board Residential Real Estate Contract 8.0") takes this a step further. Instead of requiring buyers to actively opt out of an inspection, the new form now requires buyers to affirmatively opt-in to include an inspection contingency. This subtle but significant change effectively positions inspection waivers as the default position.

IRELA explains this change as allowing for "more creative deal making" regarding inspections. In my professional opinion, this characterization is misleading. Buyers and sellers have always been free to negotiate customized inspection terms—the form's structure simply guides expectations about what's standard practice.

Market Pressures and Consumer Protection

This contractual shift comes at a particularly vulnerable time for homebuyers. The past five years have seen an intensely competitive housing market with soaring prices. Many buyers, desperate to have their offers accepted, may feel pressured to waive inspection contingencies to make their bids more attractive.

The consequences of this pressure can be severe:

• Undiscovered problems that become the buyer's financial burden
• Increased litigation when serious defects are discovered post-closing
• Financial insolvency when repair costs exceed a buyer's resources
• Property abandonment when homes become uninhabitable
• Neighborhood deterioration when homes fall into disrepair

My Recommendation

As an attorney who has represented countless homebuyers, I would strongly advise a client against waiving the inspection contingency under almost any circumstances. The inspection is your primary protection when making what is likely the largest purchase of your life.

Don't allow market pressures, eager agents, or impatient sellers to persuade you to forego this critical safeguard. A seller who discourages an inspection may have something to hide, and an agent who suggests waiving it is not prioritizing your long-term interests.

Remember: a successful home purchase isn't just about getting your offer accepted—it's about ensuring you're making a sound investment that won't become a financial nightmare. Always insist on your right to a thorough home inspection, regardless of what the default contract language might suggest.

William M. Tasch is a real estate attorney serving the Chicagoland area. This blog post is for informational purposes only and does not constitute legal advice.