LATENT DEFECT Meaning and
Definition
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A latent defect refers to a type of fault or flaw in a particular object or property that is not immediately noticeable or obvious at the time of purchase or inspection. It is a hidden defect that remains concealed and does not manifest itself until a certain period has passed or under specific circumstances. The term "latent" implies something that is present but dormant or hidden.
In the context of real estate or property law, a latent defect could involve issues with the structural integrity of a building, electrical or plumbing systems, or even environmental hazards. These defects may not be easily detectable through standard inspections or examinations and are not apparent to the average buyer or observer.
The presence of a latent defect may pose potential risks or dangers, compromising the functionality, safety, or value of the property. When discovered, it can result in financial burdens or legal disputes for both the buyer and seller. Therefore, disclosing these defects, when known, is an important ethical and legal responsibility of the seller or the property owner.
In legal terms, a latent defect is often considered a hidden defect that operates as an exception to the principle of "caveat emptor" or "buyer beware." It emphasizes the need for sellers to disclose any known issues or defects that may not be easily apparent to the buyer. This helps ensure transparency, informed decision-making, and fair transactions in various industries, particularly real estate.
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Etymology of LATENT DEFECT
The word "latent" comes from the Latin word "latens" which means "hidden" or "concealed". It is derived from the verb "latere" which means "to lie hidden" or "to be concealed".
The word "defect" comes from the Latin word "defectus" which means "failure" or "lack". It is derived from the verb "deficere" which means "to fail" or "to lack".
When combined, the term "latent defect" refers to a hidden or concealed fault or imperfection in something, typically referring to a product, property, or system.
