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What is a latent defect and when do I need to disclose?
Sellers Answers
A latent defect is defined as a material defect in real property or an improvement to real property that:
1 – A purchaser would not reasonably be expected to ascertain or observe by a careful visual inspection of the real property; and;
2 – Would pose a direct threat to the health or safety of: a purchase and/or an occupant of the real property, including a tenant or invitee of the purchaser.
As Realtors we are unable to tell you what is or is not a latent defect. You must disclose what you feel is a defect with the house that anyone would be unable to notice while viewing the property and even in home inspection. Of course if you are unaware of any defects and there are defects with the house you are not held liable for conditions of the property that were truly not of your knowledge.
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