A patent defect is a flaw that is not readily apparent to the naked eye. A purchaser may not be able to identify a patent defect until they perform a reasonable inspection or ordinary vigilance. In such cases, the vendor may be found to be fraudulent if they deliberately conceal the defect. The purchaser may then have a claim against the vendor.
Latent defects are not apparent to the naked eye
Latent defects are not visible to the naked eye. These are hidden defects in a home or a building that a buyer would not discover by an ordinary inspection. If a buyer is injured by a latent defect, he or she may be entitled to damages, refunds, or replacements of the defective item. A buyer may also be able to sue a seller if the seller deliberately hides a patent defect.
Patent defects are the most obvious type of defects. They involve work that is not completed according to the contract. A skilled third party can spot these defects. On the other hand, a latent defect is not easily detectable, even after a third party inspection.
A buyer should hire a home inspector to look for latent defects. A good inspector will be able to detect hidden defects and help buyers avoid costly repairs. In some cases, a buyer can perform their own investigation to uncover hidden defects. A reputable home inspector can uncover these problems before the buyer enters into a contract.
A latent defect may not be discovered during the initial inspection and may not become apparent months later. In addition, the defect may be so small that it cannot be detected by a trained eye. If the buyer learns about the defect after he or she makes the purchase, the buyer may be able to seek legal action against the seller.
In contrast, patent defects are visible to the naked eye. Even a lay person with little or no experience in construction may notice a significant stucco crack while walking through the house. A potential buyer can also inspect the property for any other defects. Whether the property has these defects will ultimately determine whether or not the buyer will accept it.
They can only be discovered if the seller made efforts to hide them
If you are buying a home, it is your responsibility to conduct a reasonable inspection to determine if there are any patent defects. As a buyer, you are responsible for discovering hidden defects, but the seller is not liable for any of these problems. However, you can still hold the seller accountable for these problems if the seller concealed them or did not disclose them in a timely manner. If the seller failed to disclose a patent defect, you have two years to file a lawsuit. After that, you will lose your right to bring a lawsuit for 15 years.
A patent defect is a hidden defect that a buyer cannot detect with the naked eye. Without proper expertise in architecture, engineering, and construction, it is impossible to detect such a problem. Examples of latent defects include asbestos in ceiling tiles, carbon monoxide leaking into the air, and rusted basement pipes.
In addition to a latent physical defect, a seller can also be held liable after closing the sale if it remains undetected for more than three months after the closing. In contrast, a latent defect can only be discovered if the seller made significant efforts to conceal or hide it. In these cases, the seller may have deliberately concealed the defect or misrepresented its nature.
Patent defects can only be discovered if the buyer can demonstrate the seller made reasonable efforts to hide the defect. In some cases, a seller may have concealed a patent defect, such as an underground pipe or a leaking roof without any visible signs of leaks. Latent defects, on the other hand, are often difficult to notice, and therefore, cannot be detected by an average buyer. Nonetheless, the seller must disclose them if they knew about it.
In other cases, the vendor may not be required to disclose a patent defect to the buyer. But if the purchaser discovers it, he can file a lawsuit against the vendor.
They are a breach of contract
Whether or not patent defects constitute a breach of contract depends on the specific facts and circumstances involved. For example, if a seller knows that a product contains a defect, but fails to disclose it, the seller may be liable under the law of fraud. The law also considers whether the seller’s failure to disclose a patent defect amounted to misrepresentation. In such cases, the purchaser may have a legal right to recover damages. It is therefore vital to hire an experienced home inspector to ensure that you have an accurate picture of what you are buying.
Often, construction contracts specify that the contractor must complete certain tests to detect a patent defect. If a contractor does not follow the contractually required tests and inspections, then the failure to complete them is a breach of contract. Even if the contractor did follow the specifications and performed the required inspections, the owner may be liable for patent defects if the failure to perform the required tests was due to the negligence of the contractor.
Patent defects are generally detectable at or before completion and during the defects liability period. The courts have held that a patent defect must be obvious on inspection. However, this does not mean that the person who is conducting the inspection will be aware of the defect. In some cases, patent defects are latent and may not become apparent until many years after completion.
In addition to the buyer’s right to inspect the goods and services, the seller is also required to disclose any patent defects. This means that the vendor cannot attempt to conceal a patent defect unless he intends to do so. The seller’s concealment of a patent defect may also be considered fraudulent, and the vendor may be liable for the damage.
Patent defects are also a breach of contract when they cause a failure to perform. Patent defects can arise in construction projects, affecting equipment that was developed or manufactured specifically for the destination contract. In such cases, the manufacturer must determine whether a contract test would have identified the defect and whether it was reasonable for the manufacturer to use it. In addition to determining whether or not a patent defect is a breach of contract, the contractor must also demonstrate that the defective equipment was manufactured according to the contract.
They can lead to disputes
Real estate agents in Ontario are bound by a code of ethics to disclose any patent defects in the property they are selling. The case of Krawchuck v. Scherbak et al. 2001 ONCA 352 dealt with real estate agents who were negligent and failed to disclose patent defects in a property. The property had a plumbing problem that had existed for 17 years, and the real estate agent acted negligently. It is important for agents to disclose any patent defects on a Property Seller Information Statement.
If a patent defect is discovered, the contract should include a provision for the contractor to correct it as quickly as possible. In the majority of cases, the timeframe for correcting patent defects is set to very tight. However, latent defects rarely follow this same timeline. Further, a latent defect can only be covered if it results in certain direct losses. This is why it is important to have a direct link with the design team to resolve any issues quickly and efficiently.
A latent defect is a faulty design that could not be detected despite a reasonable inspection. Such defects can include hidden foundation defects, hidden building cracks, and under-surface discoveries. In order to prove this, you must provide evidence to prove that a reasonable inspection of the property could not have discovered the defect.
A patent defect can be a serious issue for a property owner, and it is crucial that owners take steps to avoid them. As a property owner, it is essential to keep track of potential problems and report them to their insurance providers. After all, if a defect is not identified in time to file a claim, you’ll be held responsible.
Among many other things, David A. Grantham is a contributing author to UmassExtension West Vancouver Blo. He is a renowned expert on real estate in BC.
Born in North Vancouver, Louisiana, Dr. Grantham grew up in Lower Lonsdale. He then went on to complete his business degree at the University British Columbia. As of this writing, Grantham has completed over 100 projects, including the development of a high rise building in Vancouver.
He is a husband, father, son, brother, and friend. He was a dedicated outdoorsman and enjoyed sports such as hunting, fishing, scuba diving, and snow skiing. His wife, Alison Grantham, and their two daughters survived him. He is survived by his wife Alison Martin Grantham and two daughters.