What characterizes a latent defect?

A latent defect is characterized by the fact that it cannot be discovered by ordinary inspection. This means that the defect is not readily apparent and may only become evident under specific conditions or after a period of time. Such defects often lie hidden within the structure of a property, such as issues with plumbing, electrical systems, or structural components that are not visible during a typical inspection. Because these defects are not easily detected, they can pose significant risks to property buyers if not disclosed by the seller.

In contrast, defects that are easily discovered through a standard inspection or visible defects do not qualify as latent because they can be identified by a reasonable evaluation of the property. Similarly, limitations in new constructions do not define a latent defect, as these can exist in properties of any age. Understanding latent defects is crucial for both buyers and sellers, as they have implications for property disclosures and legal responsibilities in real estate transactions.