What is the difference between latent and patent defects?
QUESTION
What is the difference between latent and patent defects?
ANSWER
Before the sale of a property goes ahead, a property inspection is conducted to reveal any defects. Patent defects are those that should be easily uncovered by the inspection, while latent defects may not be immediately evident, and may only come to light long after the property has been purchased..
It’s the responsibility of the seller to eliminate patent defects. Latent defects are a bit tricker. The buyer may not be able to make a claim against the seller unless they can prove the seller deliberately hid the defects. This is obviously a difficult thing to prove.
This makes it all the more important to ensure a thorough inspection of the property is conducted before going ahead with the purchase.