(CHEROKEE LAKE REALTY WRITES A WEEKLY COLUMN FOR THE GRAINGER COUNTY JOURNAL NEWSPAPER. THIS WAS A RECENT QUESTION ASKED BY A READER.)
Great questions and there are some great articles online that answer it in depth.
Major cities rely on public sewer systems not septic systems. With East Tennessee having become such an attractive area to move to, most out-of-staters that have lived in these areas are not familiar with septic systems, which are quite common in our rural and suburban areas. So, here’s a quick lesson for buyers and sellers of properties that have septic systems.
When selling a home, YOU CANNOT market your home as having more bedrooms than your septic capacity regardless of whether they exist or not! So, if your home has four actual bedrooms but the septic system capacity is rated for three bedrooms, you must list it for sale as a three-bedroom home. Often as homeowners we add a bedroom to our home believing that one of the benefits of the addition is that if we sell our home, we can list it with more bedrooms. Not. You may have added another bedroom to your three-bedroom home, but you cannot advertise it as a four bedroom when it comes time to sell. Enjoy the extra bedroom while you own your home, but you can’t advertise it as such when you sell.
Bedroom count misrepresentation with septic systems happens far more often than you might think. When you go to list your home, you naturally want to list as many bedrooms as you reasonably can – more bedrooms typically mean a better price for your home. But if you have a septic system, you will want to pull on the reins for a minute before you throw up that listing. You can get into some serious trouble if your septic system is not rated for the number of bedrooms you claim, the kind of pain that can include a lawsuit. The last thing a buyer wants is to be duped by a seller or real estate agent who doesn’t know a simple regulation. Often it is the real estate agent who is negligent in not understanding this aspect of the business. Part of a real estate agent’s job is to educate sellers on what they can and can’t do. It is an unfortunate reality that numerous Realtors are unaware of the legal implications of listing a home with more bedrooms than the septic system is rated for. Time and again listings are put up that indicate a house has a certain number of bedrooms, more bedrooms than the septic system can handle. Now, it is possible that the mistake will go unnoticed, but it is just as likely that the error will be called out and repercussions will follow. If a buyer proves there was misrepresentation, possible outcomes include the cancellation of the sale, and/or monetary damages for the decrease in property values due to the lower bedroom count. Both you and your agent may be liable. Your agent could also face disciplinary action from the state’s real estate commission.
So bottom line, pull your septic permit and know how many bedrooms your home has been approved for, and match your listing with the facts. If you do not have your septic permit, contact the Tennessee Department of Environment & Conservation for help.
Due to lack of space, I will answer your second question in next week’s column and explain why septic systems are based on the quantity of bedrooms and not bathrooms.
