*Please note: Any questions regarding Legal Hotline Spotlights should be submitted via the Virginia REALTORS^® Legal Hotline. Our attorneys are unable to respond to questions through our comments section.

Q: “If I am listing a property with a septic system, can I advertise both the number of rooms per the operation permit and the tax records/permits?”

A: Short answer: Yes.

This is a question that has been frequently asked since the law now specifies what a septic inspection is. Specifically, the concern has been that septic inspectors will report the number of rooms per the MLS advertising and this will get real estate licensees in trouble if there is a discrepancy.

First, can there be a discrepancy between the number of rooms in the operation permit and the tax records? Yes. The operation permit specifies how many rooms there are in the house based on septic flow per person. The tax records and permits are based on whether the room fits the criteria in the building code. These are two completely separate standards of measurement.

Second, if there is a discrepancy, is it a material adverse fact? Very likely yes, and you should treat it as such. However, this does not prevent you from advertising the discrepancy. Said differently, you inform the buyer of the discrepancy and it is up to them whether they would like to present an offer or not.

Third, is it false advertising to advertise both rooms? Absolutely not; presenting both the room counts would be completely correct and proper. Highlight the discrepancy, and again, it is up to the buyer to decide.

Have a question about this article? Submit it to the Legal Hotline!

The Legal Hotline is a member benefit that has been supporting members for over 25 years. Our team of lawyers answers your important questions about real estate transactions quickly and accurately (usually within three business hours!).

Here are some tips to help make the Legal Hotline work for you!