The legal definition of a bedroom is determined by the appropriate zoning codes of the local municipality. This definition can vary between local jurisdictions, the type of building, and the zoning for the lot. The assumptions that the average person makes about what constitutes a bedroom can differ substantially from the requirements of the zoning codes. For example, many people may assume that a room is not a bedroom if it does not have a window.

The interpretation of these rules can be very difficult for those without a background in the construction industry or related trades. For this reason, matters related to the zoning of property are typically considered outside the scope of a real estate agent's licensed area of expertise. REALTORS® engaged in the practice of residential brokerage are not often aware of how to interpret the myriad of regulations and special exceptions that make up the zoning codes for local jurisdictions. This is typically something reserved for agents engaged in commercial brokerage who often need to know how a building is zoned in order to ensure their client's intended use for the property complies with zoning codes.

In the fact pattern provided above, the REALTOR® could argue that she did not act unethically when the property was initially advertised for sale. The listing agent was reasonably relying on the seller's statement that the property was a two-bedroom condo. REALTORS® are allowed to rely on the representations of their clients.

There are two exceptions to this rule. If the REALTOR® has actual knowledge that the client's information is incorrect or the issue involves an area within the scope of a real estate agent's license area of expertise. The REALTOR®'s defense would be that they did not have actual knowledge about the true status of the bedrooms until the buyer presented them with evidence to refute the seller's statements. A hearing panel may accept this defense if they agree the legal definition of a bedroom is outside the scope of the agent's license. However, once the agent receives valid information that calls into question the validity of the seller's representation, they would no longer be allowed to continue claiming the property is a two-bedroom condo.