A patent defect is one which is
discoverable by inspection or ordinary vigilance.
A latent defect is one that is not
discoverable by inspection or ordinary vigilance.
Not exact matches
Even if the seller had actual knowledge, he probably doesn't need to disclose them as they are «
discoverable by a reasonable
inspection».
This general rule of buyer beware applies to defects that a purchaser could have discovered
by means of a routine
inspection (known as a «patent defect») and also «latent defects» (those not
discoverable by routine
inspection, which are unknown to the vendor.
This general rule of buyer beware applies to defects that a purchaser could have discovered
by means of a routine
inspection (known as a «patent defect») and also «latent defects» (those not
discoverable by routine
inspection, which are unknown to the vendor).
If the implied warranty remains in effect, it typically covers only latent defects — defects that aren't
discoverable by a subsequent buyer's reasonable
inspection.
Latent defects, such as foundation or soil problems, may not be easily
discoverable by reasonable and customary visual
inspection, but that doesn't mean they aren't present and shouldn't be thoroughly disclosed.