Understanding the Differences Between Patent Defects and Material Latent Defects in Real Estate

When purchasing or renting a property, it’s crucial to understand the types of defects that may be present. Two primary categories of defects in real estate are patent defects and material latent defects. Understanding these differences can help buyers, tenants, and real estate professionals navigate their responsibilities and disclosure requirements.

What is a Patent Defect?

A patent defect is any issue in a property that can be discovered through a reasonable inspection. These defects are visible and can be identified by a buyer or a property inspector during a standard walkthrough. Examples include:

• Broken windows

• Damaged flooring

• Cracks in walls

Since these defects are visible, they are typically the responsibility of the buyer to identify during their due diligence process.

What is a Material Latent Defect?

A material latent defect, as defined in the Real Estate Services Act, is a defect that cannot be discovered upon a reasonable inspection. These defects can pose significant risks, such as making the property unsafe for occupants or requiring extensive and costly repairs. Examples of material latent defects include:

• Structural damage that is hidden within walls or foundations

• A history of flooding or mold issues that are not visible

• Unsafe electrical or plumbing systems

Because these defects are not easily identifiable, they must be disclosed by the seller or landlord.

Disclosure Requirements for Sellers and Landlords

Sellers and landlords have a legal obligation to disclose any known material latent defects before entering into a contract for sale or lease. The Real Estate Services Act outlines the requirements for disclosure:

• The disclosure must be in writing.

• The disclosure cannot be made within the purchase contract or lease agreement but must be provided in a separate document.

Most sellers use a Property Disclosure Statement for this purpose, while landlords typically draft a separate disclosure document. Consulting with us  (your real estate professionals) can help ensure that all necessary disclosures are properly documented.

What If a Seller or Landlord Does Not Want to Disclose a Defect?

Real estate legislation is clear: all known material latent defects must be disclosed to potential buyers or tenants. If a seller or landlord refuses to disclose a known defect, a real estate professional will be unable to represent them in the transaction.

If there are concerns about whether a specific defect requires disclosure, it is advisable to consult with a real estate professional or seek independent legal advice in writing.

Final Thoughts

Understanding the difference between patent and material latent defects is crucial in any real estate transaction. Buyers and tenants should conduct thorough inspections, while sellers and landlords must fulfill their legal obligations regarding disclosure. If you are unsure about your responsibilities, you can reach out to us at anytime!

By staying informed, you can ensure a smooth and legally compliant real estate transaction.

Details provided by : https://www.bcfsa.ca/public-resources/real-estate/consumer-resources/consumer-guide-material-latent-defects