Expert opinions vary on what makes a bedroom a bedroom

Q: Our house is listed as a three-bedroom plus a den. Our agent said we needed a full bath on the ground floor to qualify the den as a bedroom. Another agent said because the den has a closet, it should be considered a bedroom. We want to do the right thing. Any clear definition would be appreciated. -- Ray

A: Various local building codes, appraisal organizations and mortgage programs have requirements all over the place for what can legally be classified as a bedroom. Yes, they often do specify a closet, though in old houses built before central heating, homeowners sometimes preferred free-standing wardrobes in rooms that certainly were -- and are -- bedrooms.

Most codes require at least two exits: two doors or a door plus a window large enough for escape in case of fire. Sometimes it must be a window large enough for a fully equipped firefighter to enter.

Sometimes minimum area is specified, perhaps 70 square feet. Some say it cannot be entered through another bedroom ("tandem") or it must have an outside wall. Yes, a bathroom on the same floor is often required, but not always.

All in all, I can't seem to find one definition that applies everywhere. Perhaps your house should be listed as three-plus bedrooms. But you know, mentioning a den may attract just as many potential buyers.

Now I'll just sit back and wait for the e-mails from appraisers who will start with "Edith, what do you mean you don't know? The definition is simple ..."

Taxpayer on property

needs deed to be owner

Q: If I pay the taxes on a property, do I own it? -- via e-mail

A: Did you ever receive a deed naming you as the owner? Or did you inherit the place? If not, just paying the taxes won't make you an owner.

Perhaps you're asking about some property that seemed abandoned, on which you've volunteered to pay the taxes?

If so, you can consult a lawyer about the strict requirements for gaining ownership that way, after a certain number of years' usage, through a court procedure claiming "adverse possession."

'Pending release' may

mean house is not ready

Q: I am looking at a house that says the price and then "pending release." What does that mean? -- D.W.

A: I assume you saw that phrase in an ad or an Internet listing?

It sounds as if there's some claim on the property that must be cleared up before the owner is completely free to sell.

Perhaps a previous deal went sour, and the non-buyers have to sign off. Or possibly there's some legal complication involving a divorcing co-owner, the IRS or who knows what. Contact the listing broker for details.

Number '2.1' can be

erroneous information

Q: What is the difference between 2.1 and 2.5 baths? -- via e-mail

A: I've never heard of 2.1 baths.

When an ad cites 2.5, the half bath is usually a powder room with a toilet and sink. That 2.1 must mean two full baths plus one other item. Perhaps it's just an extra sink somewhere. Perhaps it's a lone toilet, like the one intended for the handyman or the washerwoman in the basement of an old mansion. Or maybe the 2.1 is just a misprint, a typing error.

Married Realtors

can work together

Q: My wife and I are real estate agents. Is it legal or ethical for me to represent my wife in a real estate transaction for her to purchase a house? Do we have to disclose that my wife is an agent, and do I have to disclose that the buyer is my spouse? -- X.X.

A: Whenever the question starts with "Do we have to disclose ...?" I have the answer ready before I've even read the rest of the sentence. In almost every case, the ethical and legal thing to do -- and the way to stay out of trouble -- is to disclose, disclose and disclose. Upfront. And early on.

Of course you can represent your wife, but license law requires you to inform sellers that you are working in your wife's best interests and that both of you hold real estate licenses and therefore may have special expertise.

Material defects

must be disclosed

Q: If a builder or the agent of a builder fails to disclose information that is critical in the decision making of purchasing real estate, what can be done? -- via e-mail

A: "Critical in the decision to purchase" exactly defines what the law calls a "material" defect that must be disclosed.

First decide what you're looking for. Do you want to void the purchase or get your money back? Or are you looking for money damages? Then talk with a lawyer, preferably one who specializes in real estate, to see what your options are.

Edith Lank will respond personally to any questions sent to her at 240 Hemingway Drive, Rochester, NY 14620 (please include a stamped return envelope), or readers may e-mail her at ehlank@aol.com.