What is a patent defect?

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A patent defect refers to a flaw in a property that is visible and can be identified through reasonable inspection. This means that a prospective buyer or an inspector should be able to notice this defect without requiring specialized knowledge or extensive scrutiny. Those conducting a property inspection are expected to employ a reasonable level of vigilance to identify such defects, which distinguishes them from latent defects that are hidden and not easily detected.

This understanding is crucial for both buyers and real estate professionals, as failing to disclose a patent defect could lead to legal consequences or undermine trust in a transaction. Identifying patent defects helps buyers make informed decisions about the properties they are considering.

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