A Material Latent Defect is a defect in a home or property that is not easily detected during a reasonable visual inspection, but which makes it dangerous, unfit for habitation, or unfit for a buyer’s purpose. For example, a hidden sink hole on the property poses a danger and would therefore be a Material Latent Defect. A rodent infestation renders a home uninhabitable and an illegal suite makes the home unsuitable for the buyer’s purpose, if they stated they needed it for revenue. Material Latent Defects may also include hidden defects which are expensive to remediate or gov’t Notices which require a problem to be addressed. To be fair, sellers are only responsible for disclosing Material Latent Defects they know about. And it’s easy to see how some may be reluctant to step forward with that sort of information. However, they and their agents are obligated by law to do so.
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