Latent defect

Latent Defect

A latent defect is a fault in a property that could not have been discovered by a reasonably thorough inspection before the sale. The term is commonly used in real estate. A latent defect is a hidden defect that a buyer would not reasonably be expected to discover through a normal inspection process.

Definition

A latent defect is a fault in the property that is not apparent or discoverable through a reasonable inspection. It is a hidden flaw, fault, or issue that is not immediately observable or detectable. This can include issues such as faulty electrical wiring hidden behind walls, or a structural defect in the foundation of a building.

Legal Implications

In many jurisdictions, the seller of a property has a legal obligation to disclose any known latent defects. Failure to do so can result in legal action being taken by the buyer. In some cases, the seller may be held liable for any damages or repairs that result from the latent defect.

Inspection and Discovery

A home inspection is a common method used to discover latent defects before a property is sold. However, because these defects are hidden, they may not always be discovered during an inspection. In some cases, a latent defect may not become apparent until years after the property has been purchased.

See Also

• Property law
• Real estate
• Home inspection

References

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