In the law of the sale of property a latent defect is a fault in the property that could not have been discovered by a reasonably thorough inspection before the sale. The general law of the sale of property is caveat emptor and buyers are under a general duty to inspect their purchase before taking possession.

What is an example of a latent defect?

Examples of Latent Defects: These are defects that cannot be discovered during a reasonable inspection. They include damage inside walls (such as pipes), a leaking roof with no obvious leak marks, or electrical issues.

What would be considered a latent defect?

A hidden or concealed defect; one which could not be discovered by reasonable and customary observation or inspection.