law
latent defect
A latent defect is a hidden flaw in a property that would not be discovered through a reasonable, ordinary inspection, such as a cracked foundation behind finished walls or a previously repaired roof leak hidden by new drywall. Sellers and licensees who know of material latent defects generally must disclose them, and concealing them can lead to liability for misrepresentation or fraud. A patent defect, by contrast, is obvious upon reasonable inspection.
- Exam tip
- Exams contrast latent (hidden) with patent (visible) defects. Caveat emptor does not protect a seller who knowingly hides a latent defect.
- Example
- A seller paints over water stains to hide a chronic basement leak. After closing the buyer discovers the leak and may sue for failing to disclose a latent defect.
Related terms & state variants
Sources
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Last verified: 2026-10-23