Henrico, VA asked in Real Estate Law for Virginia

Q: We purchased a 3 bedroom house last April, but just learned it’s only a 2 bedroom septic.

Listing , prior owner agent all day it was 3 bedroom. Depot Heath says 2 bedroom. We bought the house as 1031 commercial with intent to rent. Our income is almost half potential now.

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1 Lawyer Answer
Richard Sternberg
Richard Sternberg
  • Potomac, MD
  • Licensed in Virginia

A: You should probably have the contract, advertisements, disclosures, home inspections, and permits reviewed to determine whether you have a cause of action against the seller or anyone else. It is impossible to form a reliable, professional opinion on your remedies without a competent review, because it is possible you waived all the protections the law gives you. But, if the seller concealed a defect, you may have many remedies available to you, including treble damages, punitive damages, and attorneys fees.

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