A buyer tours a single-family home. Walking through the living room she passes a large section of warped, discolored hardwood flooring beside a sliding glass door; the warped area is several feet across and visible from across the room. She buys the home without asking about it or ordering an inspection, and afterward claims the seller failed to disclose water damage. How is the condition of the floor classified?
Correct Answer
A) Patent defect
A patent defect is one that ordinary inspection would reveal, and a several-foot span of warped, discolored flooring visible from across the room meets that description. Disclosure law is aimed at what the buyer cannot see: a latent defect is hidden, and it is the seller's knowledge of the hidden condition that creates the duty to speak. A buyer who walks past an obvious condition without asking about it or investigating generally bears the consequences.
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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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