Latent and Patent Defects ~
When you buy a home, it is important to have a professional home inspection conducted on the property to ensure you know what you are buying, and that there are no hidden problems. Having said that, home inspections are not always failsafe, and that’s why it is important to understand what types of defects you can encounter in a new home, and how to deal with them. The two primary types of defects when buying a home are patent defects and latent defects.
Patent Defects ~
A home inspection and even the home buyer themselves will find patent defects on a casual walk through ~ a cracked wall, a broken window, or water damage from a basement flood, for example. All of these are visible to the naked eye and would be found in a regular home inspection. When a home buyer chooses to buy a home with these defects, they are agreeing to buy the home as is because the defects can plainly and obviously be seen and the seller bears no responsibility as they have not hidden or misrepresented the defects. The buyer can however, create various clauses in the sale contract to ensure the seller fixes these items or pays for their repair.
Latent Defects ~
Latent defects are much trickier defects to deal with, especially when it comes to real estate law. In most home transactions, the phrase “buyer beware” is often used to ensure that buyers are well-aware of what they are buying before they commit. This is where a home inspection will hopefully uncover any hidden problems … but what about hidden defects that not even a home inspection will find? Latent defects can include basements that have a tendency to seriously flood, a hidden mold problem, poor ventilation or blocked drains. Essentially, serious defects that can make the home dangerous or unfit for habitation and may not be found until months after you have moved in the new home. These defects can potentially lead to a lawsuit. If it can be proven that the seller knew about these defects and willfully hid them or didn’t mention them, the buyer may have a good case against them. But in some cases, the seller may legitimately not have known about them.
I always recommend that my buyers be present during the home inspection; we go through the home together with the home inspector.
If you discover your new home has latent defects, that you deem to be major, you should contact your real estate agent or real estate lawyer.
