Define: Latent Defect

Latent Defect
Latent Defect
Quick Summary of Latent Defect

A latent defect refers to a fault or imperfection in a product, property, or construction that is not readily apparent or observable upon reasonable inspection. These defects are concealed or hidden and may not manifest until some time after the purchase or completion of the property or product. Latent defects can pose serious risks or problems and may lead to financial loss or injury. In many legal jurisdictions, sellers and builders have a duty to disclose latent defects to buyers to ensure transparency and fairness in transactions.

What is the dictionary definition of Latent Defect?
Dictionary Definition of Latent Defect
n. a hidden flaw, weakness or imperfection in an article which a seller knows about, but the buyer cannot discover by reasonable inspection. It includes a hidden defect in the title to land, such as an incorrect property description. Generally, this entitles the purchaser to get his/her money back (rescind the deal) or get a replacement without a defect on the basis of "implied" warranty of quality that a buyer could expect ("merchantability"). Even an "as is" purchase could be rescinded if it could be shown the seller knew of the flaw.
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This glossary post was last updated: 29th March 2024.

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