Tony: It had not occurred to me that the difference in bedroom count upended a mortgage deal and therefore a house deal. If that is the case, as a buyer, you are "out from under" your contract. That's one of the usual contingencies: no mortgage, no deal and escrow refunded. This may be a very good thing for you.

A separate issue is the one where our government has handed complete control (in the short term) to appraisers. As Ms. Feenick, an unusually wise and experienced agent, notes that the appraiser's rule is law these days. Yes, there is an anticipation of an appeals procedure but, like most things of this nature, it will cost time and additional money (someone is going to have to pay for the time of appeals "judge.") In the case Ms. Feenick cites, the appraiser may, indeed, have been right. Basement living space often has only the very small basement type window or, as in the case of some basements, no window at all. I have never advertised such a room as a bedroom and now, with the building code for new construction insisting on full accessibility from the exterior to any bedroom, the appraiser may have decided, from an evaluation point of view, that the room in question had no value that could secure a loan.

The rest of my earlier advice, being as appropriate as ever, still stands.

Bill Holt

Hi Tony, your clarification on the "legal definition' aspect would be helpful in understanding your situation here. We usually think of bedrooms as rooms that have a closet, window for egress, heat - but I've run into an issue with a home in which all of these features were satisifed, but the appraiser would not accept the lower level bedroom as such, because it was partially below grade. As always, the devil is in the details. From an appraisal standpoint, the difference between a 2 bedroom or 3 can make a real difference. Also, more markedly in your case, if in fact your home is considered only a one bedroom as compared to 3, the market value and appraised value would be very different.

That brings it all down to the question of by what measure is your bedroom comment. At best - or worst - it must be a gray area if you and your agent saw the home and the bedrooms seemed good. Further explanation would be most helpful to provide further insight.

But I will tell you in the case I describe, I was pressed to consult the township to ask them how they define the rooms - that may impact the tax assessement and you do want to be sure that you are in sync with the town, because differences could hint at lack of permits, assessment questions, or usage issues.

You attorney will advise you Tony. But clarification on the legal definition would be helpful to the thread to build an understanding of your issue.

Good luck to you!
Jeannie Feenick
"Unwavering Commitment to Service"
Search the MLS at http://www.feenick.com

Tony: I don't know where you get the phrase "legal definition." I'm not aware of a law to any effect as to what you call a bedroom, except, perhaps, in apartment renting and Landlord tenant laws. We have a "customary" definition in the industry, that of having a window and a closet and a door. I've seen even that abused quite a bit. If you are referring to building code definitions, you have to have a window (size specific but I don't know it off hand,) big enough to get a fireman with an air pack into the room but that is for new or modified construction and has not, at this point, been made a mandatory refit that I am aware of.

As to how three other people made such a "mistake" is an investigation that might take longer than the one into Michael Jackson’s cause of death and the responsibility therefore. Perhaps the place has three rooms for sleeping that everyone assumed could be advertised that way. I have a loft room in property that I have NOT called a bedroom but some might advertise it that way, as a “for example.”

As far as "blaming" anyone, even yourself, unless this is a rental property, you saw what the rooms looked like. I doubt that if you occupy the property yourself, the bedroom police will come and drag you away for using them "illegally."

On the other hand, if you intend to use the property for a rental and you are in a community that regulates these dwellings, you may have a hard time getting a CO. If you do GET ONE and your tenants then use the rooms as bedrooms, I doubt that the bedroom police will come to get them, either. As long as you don't advertise more than you can deliver, I can't see it impacting you. The health department or fire departments, who might be interested, will probably not get involved without a complaint. They have too much else on their plate.

In commerce and commercial property, there is a thing called "due diligence." This simply means that the buyer should look into the suitability of the thing offered to serve his purposes. If you are buying commercial property, then it is your responsibility to check out the claims of the seller to be sure that it matches your needs. After you commit, it's a matter of for the courts (and all the legal expense and time involved.) to determine who said what and when and who got hurt through no fault of their own and how much that hurt is worth.

I hope that the last statement seems daunting. It should because there is no money to be made in court in most cases, except by the lawyers and court officials involved. All those judges and sheriff's officers get paid, even if the plaintiff loses.

Bill Holt

I have run into this problem in south Jersey. For example in Bridgeton if there are rooms on the 3rd floor that qualify as bedrooms (windows, heat and closets), there must be an outside fire escape or sprinkler system for them to be considered permitted bedrooms.

Tell me, if you learned this in attorney review why did your attorney let the contract go forward?

Laura Giannotta
Keller Williams Atlantic Shore

Tony,

Why do you want to blame someone? Are you now seeking monetary damages? Advise how the legal definition of this house is a 1 bedroom and how you received this information?
What did your Realtor and the selling Realtor tell you?

I cannot offer legal advise, but here is some general information and options for your bedrooms.

A seller, selling agent and buying agent cannot knowingly misrepresent the details of a house for sale (check out the National Association of Realtors website for our Code of Conduct.) Often a room that is being used as a bedroom, but is not legally a bedroom, will be called a bonus or den if they are legal living space. If the legal definition (of this home being a 1 bedroom home) is what is recorded on county tax records then you may have is a home with non-permitted bedrooms. Check into whether or not the bedrooms could be reviewed by your local government building inspector - and if they meet building code they may be approved as bedrooms. If the bedrooms do not have the minimum requirements needed (ceiling height, egress window, closet - you would have to ask what the legal requirements are) then you could make the necessary changes and have them recorded as legal bedrooms.

This does not address your questions of "how could this have happened." But you won't get that answer online. Your situation sounds frustrating. Use your attorney - that is your best source of information for your options legally.

Tony, I would have to think you saw the house and would have been able to determine the number of bedrooms in it. To qualify as a bedroom, in Virginia, a room has to have a closet and a window within 42" of the floor. If you had a buyers agent, they should have been able to tell you that. Since you are out of state, I do not know what recourse you would have but your attorney should be able to advise you. Hope that helps.