Patent Defect
Definition and meaning of Patent Defect in real estate.
A patent defect is an obvious, visible property flaw or structural issue that can be discovered through a reasonable, ordinary visual inspection of the home.
In more detail
Examples of patent defects include cracked basement floors, sagging rooflines, missing shingles, or broken window panes. Because these issues are easily observable, buyers are expected to notice them during a walk-through and take them into account when making an offer. Sellers are generally not legally liable for patent defects if the buyer has had a reasonable opportunity to inspect the property.
Contrast this with latent defects, which are hidden flaws that require invasive testing or special expertise to find.
Key facts
| Category | Buying & Selling |
|---|---|
| Opposite Term | Latent defect |
| Legal Standard | Caveat emptor (let the buyer beware) |
| Examples | Broken window, cracked driveway, sagging porch |
While touring a house, the home buyer noticed a large crack in the living room ceiling, which was a patent defect that they asked the seller to repair before closing.
Frequently asked questions
Do sellers have to disclose patent defects on a disclosure form?
Seller disclosure laws vary by state, but generally, sellers do not have the same legal duty to point out patent defects because they are visible to any observer. However, hiding a patent defect or lying about it can lead to legal liability.
What should a buyer do if they find a patent defect?
If a buyer discovers a patent defect during a tour, they can negotiate a lower purchase price, ask the seller to repair the issue, or request a seller credit at closing to cover the cost of repairs.
Related terms
Sources & references
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