What distinguishes a latent defect from a patent defect?

A latent defect is defined as a fault or problem with a property that is not immediately visible or obvious to an observer inspecting the property with reasonable diligence. This characteristic distinguishes it from a patent defect, which is apparent and can be discovered through ordinary inspection.

The nature of latent defects makes them particularly challenging in real estate transactions, as they are often hidden and can lead to issues after the sale if not disclosed. For example, structural problems within walls or issues related to plumbing may not be visible unless specific investigative measures are taken.

This understanding is crucial for professionals in real estate, as they must navigate the implications of undisclosed latent defects and their responsibilities regarding disclosure to potential buyers. Recognizing the difference between these two types of defects ensures that agents can provide accurate information and protect both buyers and sellers in real estate transactions.