Can an REA Advertise “Non-Habitable” Rooms as Bedrooms etc?

Hi All,

Not sure if this is the right forum, but we are looking at buying a house which the agent is spruiking as having Bonus Bedroom and Bonus Rumpus rooms – rooms that clearly have bedroom furniture in one, and lounge suite with home theatre gear in the other (plus nice carpet, lighting, etc).

I got the building reports and they state the rooms in this area are part of an approved storage area that is specifically "not to be used for habitable purposes".

I have since confirmed with the agent they are definitely not approved for habitable purposes and I believe it is because the ceiling is clearly not 2.4m – would hazard a guess it is the 2.1 for rooms like laundrys etc.

I have been researching potential issues of using such rooms for purpose other than what they were approved for, including building insurance.

So what has got my goat is that unless you get the building and pest report and make your way through the 99 pages you won't know these rooms are not being correctly advertised.

Is this not false advertising on behalf of the real estate agent?

I ask because we are currently trying to decide whether we have an issue with it or not ie: do we want to take the insurance risk.  If we do have an issue we walk away, if we don't have an issue then we want other interested parties to be aware so maybe they walk away – so I would like some grounds to demand the agent accurately update the advertisement prior to auction.

Thanks in advance.