What is a latent defect?

A latent defect is a fault in the property that could not have been discovered by a reasonably thorough inspection before the sale.

For an action against a seller to be allowed, the defect must meet four legal requirements:

• The defect existed at the time of the sale.
• The defect was not known to the buyer at the time of sale.
• The defect is serious.
• The defect was not apparent at the time of sale (latency)

The defect must be sufficiently serious, so that if the buyer had been aware of it before the purchase, he would not have bought the property or would have bought it at a lower price.
• NORMAL WEAR & TEAR IS NOT CONSIDERED AS A LATENT DEFECT •