Latent Defects
These are hidden defects that are not immediately visible or discoverable through reasonable inspection.
They often arise from faulty design, materials, or workmanship and may only become apparent over time.
Example: A foundation crack hidden behind drywall or faulty electrical wiring inside walls.
Patent Defects
These are visible and obvious defects that can be identified during a reasonable inspection. They do not require specialized knowledge or tools to be noticed.
Example: A broken window, missing tiles, or a leaking pipe in plain view. Implications of Each
Legal Liability:
Patent defects are usually the buyer’s responsibility if they were visible at the time of inspection.
The seller or contractor may not be liable unless there was a warranty or fraud involved.
Latent defects may hold the seller, builder, or contractor liable if they result from poor workmanship or hidden faults.
Many legal systems provide protections, such as warranties or statutory liability periods, for these defects.
Inspection & Due Diligence:
Patent defects should be identified in pre-purchase inspections and negotiated before finalizing a sale.
Latent defects may require expert assessments and often become an issue only after a purchase or project completion.
Insurance & Warranties:
Some insurance policies cover latent defects, especially in construction.
Patent defects are typically excluded if they should have been noticed at the time of purchase.
