Latent defect is defined as what?

• A. Apparent on inspection and need not be disclosed
• B. Only matters for structural reports
• C. Disclosed only if requested by buyer
• D. Not apparent from property inspection and must be disclosed

Answer: (D)

Latent defect means a fault that is not apparent from a reasonable property inspection; it is hidden and may lie behind walls, under floors, or within the structure. Because buyers can’t reasonably discover it during a normal visit, the seller has a duty to disclose known latent defects to avoid misrepresentation. This is why the description “not apparent from property inspection and must be disclosed” best captures the concept. In contrast, defects that are obvious or visible during inspection are not latent, and disclosure is not framed around a hidden issue. If a defect is only disclosed on request, that misses the inherent duty to reveal known hidden problems.