A buyer tours a single-family home. As she walks through the living room, she clearly sees a large section of warped, discolored hardwood flooring near a sliding glass door — the warping is several feet across and visible from across the room. She purchases the home without further investigation. After closing, she sues the seller, claiming undisclosed water damage. The court rules against her, observing that the floor's condition was plain to anyone looking and that ordinary buyer inspection would have revealed it. Which classification of property defect did the court apply to the floor?
Correct Answer
A) Patent defect
The court found the warping plain to anyone looking, discoverable through ordinary buyer inspection — visible to a reasonably attentive walkthrough. A flaw that meets that standard of obviousness on ordinary inspection is a patent defect.
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Related Topics & Key Terms
Key Terms:
Related Concepts
An agency relationship where the agent agrees to act on behalf of the principal without receiving compensation.
An agency relationship created by the conduct or actions of the parties rather than by a written or oral agreement.
The legal obligation to reveal information that could affect a party's decision to enter into or the terms of a real estate transaction.
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