Leesburg, VA asked in Real Estate Law for Virginia

Q: Is it legal in VA for a real estate listing to claim more bedrooms than the property septic is approved for?

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1 Lawyer Answer
Ross Cameron Hart
Ross Cameron Hart
  • Salem, VA
  • Licensed in Virginia

A: If the agent HAS KNOWLEDGE that the house has more bedrooms than the septic rating, then it could be an issue.

HOWEVER, no agents that I know (including one of the top five in my area) look at the septic certification before the listing. Agents rely on what the seller tells them (and they have a form the seller signs certifying the data). And the seller might not know because they bought the house without checking the septic permit. A title search will not show it since it is concerned with ownership and liens, not permits.

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