What is considered a Patent Defect?

A patent defect refers to an issue with a property that is openly visible and can be readily identified during a thorough inspection. This definition encompasses defects such as cracks in walls, visibly leaking roofs, or damaged flooring—issues that a buyer or inspector is likely to observe without needing specialized equipment or expertise.

Understanding patent defects is crucial for buyers and sellers alike, as these issues can affect the perceived value of the property and influence negotiation strategies. Clear visibility means that sellers typically have a responsibility to disclose these defects, and buyers should be prepared to address them in their decision-making process.

In contrast, hidden issues, delayed appearances, or minor inconveniences do not fit the definition of patent defects. Hidden issues are often categorized as latent defects and may not be apparent without further investigation, while defects that only manifest over time do not qualify as patent defects since they cannot be seen during an immediate inspection. Minor inconveniences that do not impair the property's value also do not fall under this classification, as patent defects generally have a more significant impact on the property's condition and desirability.