Patent Defects

2010/02/28 Originally published in the Vernon Morning Star

In my last column I described what latent or hidden defects were.

Patent defects are a little different. They are the problems with properties or homes that a buyer would observe if that buyer was making what is referred to as a “reasonable inspection”.

The courts have taken the position that it is incumbent on buyers to be careful. More and more, home inspections are considered to be a standard of business practice in today’s home buying process. So, the courts increasingly will have an expectation that a buyer would not buy a property without at the very least, taking a good look at it. A judge may well take the position that the buyer had an opportunity to have a home inspection. So, if the buyer chose not to do a home inspection then perhaps Caveat Emptor or “let the buyer beware” would prevent that buyer from a successful legal action against a seller.

Generally, the seller is not obliged to point out patent defects to prospective buyers, unlike latent defects.

Examples of patent defects would be things like an aging roof or a cracked window.

To have the smoothest pre sale and post sale experiences I think it would be best if sellers disclosed everything, both patent and latent. That way it eliminates or greatly reduces the likelihood of future legal entanglements.

I also think buyers should routinely have home inspections. I know these inspections are not foolproof, but they go a long way toward preventing a buyer from purchasing a problem they didn’t count on.

Jane Field works with RE/MAX Vernon. Jane has over 30 years experience in the Real Estate business. To suggest topics for future articles or to ask Jane questions, email her or call 503-3755.

RE/MAX Vernon | 250.503.3755 | Toll free 1.888.503.3755 | 5603 - 27 ST | Vernon | BC | V1T 8Z5 | Canada

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Patent Defects

Patent Defects