What Happened
A buyer waived the inspection to compete for a house in a multiple offer situation. The flyer said New Sewer and the listing agent emailed that a sewer scope was not done because the side sewer was replaced 8 years ago. After closing a sewer scope showed an old fractured line. The seller later said a liner was installed in 2017. A liner sleeves part of a pipe and is not a full replacement. If a brochure or a real estate agent email represented a full replacement and the facts show otherwise that is a misrepresentation issue separate from the waived inspection.
Why Waiving Inspection Does Not End Your Rights
A waived inspection removes a contingency. It does not give the seller permission to make false statements. When a seller or listing agent makes a specific representation such as new roof or new sewer line that claim must be accurate and supportable with records. Focus on the misstatement that induced the purchase and the dollars tied to it rather than trying to unwind every defect.
Build Your File First
Collect every document in one place. Save the flyer the MLS printout the email thread texts and any seller disclosure forms. Download the sewer scope video and still images with a written report that calls out material breaks offsets intruding roots and the age and material of the pipe. Ask the scoping company to note whether a liner is present and where it begins and ends. Pull permit history from the city. If a full replacement was performed there should be a permit and an inspection sign off. Get 2 written bids from licensed contractors for the least cost code compliant fix and the full replacement fix. Ask each contractor to add a sentence explaining why a liner is not an acceptable cure if the pipe is fractured or bellied.
Make A Practical Damages Number
Decide the number you will ask for before you contact anyone. Include the lowest qualified bid for correction any emergency cleaning you already paid camera fees and the cost to restore landscaping or concrete that must be opened and patched. Do not overreach. A clean specific ask is easier to settle than a padded figure.
Start With A Direct Demand
Have your buyer’s agent deliver a written demand to the listing agent and their managing broker. Keep it professional and factual. Cite the brochure language and include the email quote. Attach the scope report and your bids. Ask for reimbursement of a specific amount by a specific date. 10 to 14 calendar days is reasonable. Request that the payment be made by certified check and that any settlement include a short mutual release limited to the sewer issue. If you did not use a buyer’s agent send the same demand yourself to the listing agent with a copy to the brokerage’s designated or managing broker.
Escalate Smartly If Needed
If there is no meaningful response after your demand window closes hire an attorney for a targeted demand letter. This is usually 1 to 3 billable hours and often prompts action. Many purchase agreements require mediation before arbitration or litigation. Read your signed contract and follow that path if it applies. Mediation is relatively fast and inexpensive and often produces a middle ground number. If your total is within your county small claims limit you can also file there against the seller and possibly the listing brokerage. Small claims will not pay for an attorney but it can yield a portion of your loss with less cost.
Where Claims Succeed
You have the best odds when the record shows a clear specific statement such as new sewer and your documents show no permit for replacement and a scope that contradicts the claim. You also improve leverage when the listing agent repeated the claim in writing. If there truly was a liner and the brochure meant lined sewer you still may have a case if the statement would mislead a reasonable buyer and if a liner is an inadequate solution for the current failure.
Prevent It Next Time
Never waive a sewer scope on homes older than the 1980s or on any home with a long lateral to the street. Treat marketing words like new or replaced as items that require proof. Ask for invoices permits and scope videos up front. If you must compete consider a pre inspection or a limited inspection clause that allows you to cancel only for major health and safety issues. Keep emotions down and paperwork tight.
Bottom Line
A waived inspection does not erase your rights when a specific representation was wrong. Build a clean evidence file make a realistic demand include the managing broker and escalate to an attorney demand or mediation only if needed. Most of these cases settle when you keep it factual and reasonable.
If you are in a similar spot and want a steady hand I am happy to review your options and connect you with professionals in your market who can help you navigate the next steps.
