What is the legal definition of a latent defect?

A latent defect is defined as a hidden structural defect that is not discoverable through ordinary inspections. This means that these defects can significantly affect the value and safety of a property but may not be apparent during a routine examination. Because they are concealed, latent defects pose special challenges for buyers and sellers, as the existence of such defects can lead to disputes over the disclosure requirements during a real estate transaction.

Understanding this definition is crucial in real estate transactions, as it affects obligations for sellers to disclose known issues and can influence a buyer's decision-making process. Additionally, latent defects can impact warranties and establish liability if issues arise after the purchase. In scenarios involving properties, being able to accurately identify what constitutes a latent defect helps ensure that all parties involved have a clear understanding of their rights and responsibilities.