What is a latent defect?

A latent defect is a defect in a product or property that is not immediately noticeable and may not become apparent until after the product has been used or the property has been purchased. These defects can be hidden or masked and may not be easily detected during a routine inspection.

In some cases, latent defects can pose serious health and safety risks to consumers or residents, and can result in costly repairs and damages. This is why sellers, manufacturers, and property owners have a legal obligation to disclose any known latent defects to potential buyers or renters.

If a latent defect is discovered after a purchase has been made, the buyer may have legal recourse to seek compensation or damages from the party responsible for the defect. However, proving a latent defect can be challenging, as it usually requires evidence that the defect existed at the time of purchase and was not reasonably detectable.

Overall, it is important for buyers and renters to conduct thorough inspections and due diligence before making a purchase to minimize the risk of encountering latent defects. It is also essential for sellers and property owners to disclose any known defects to avoid potential liability in the future.