latent defect

   A hidden flaw or imperfection in an article that is known to a seller but is not discoverable by a buyer during a reasonable inspection. This could include a defective title in a land or property deal. In general, a latent defect entitles the buyer to get her or his money back, or to obtain a replacement on the basis of the implied warranty of "merchantability." Even an as is purchase could be rescinded on the basis of a latent defect.

Business law dictionary. 2015.

Look at other dictionaries:

  • latent defect — n: a defect (as in a product or property) that is not discoverable by reasonable or customary inspection a latent defect excluded from the homeowner s insurance Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • latent defect — ➔ defect1 * * * latent defect UK US noun [C] ► PRODUCTION a defect or problem with a product, property, etc. that is hard to notice and may not be noticed before it is bought: »When buying real estate, a cracked foundation is a serious latent… …   Financial and business terms

  • Latent defect — In the law of the sale of property (both real estate and personal property or chattels) a latent defect is a fault in the property that could not have been discovered by a reasonably thorough inspection before the sale. The general law of the… …   Wikipedia

  • latent defect — A hidden or concealed defect. One which could not be discovered by reasonable and customary observation or inspection; one not apparent on face of goods, product, document, etc. Defect of which owner has no knowledge, or which, in exercise of… …   Black's law dictionary

  • latent defect — A defect not observable on casual inspection. A hidden defect in a structure, machine, or article of merchandise. A defect in an article constituting the subject matter of a sale, not discoverable on a reasonable examination of the property. 46… …   Ballentine's law dictionary

  • latent defect — hidden defect, invisible flaw …   English contemporary dictionary

  • latent defect — /leɪtnt ˈdifɛkt/ (say laytnt deefekt) noun a hidden defect which could not have been discovered by reasonable examination …   Australian English dictionary

  • latent defect — noun : an unknown defect (as in a title to real property) not discoverable by such inspection or test as the law reasonably requires under all the circumstances …   Useful english dictionary

  • inherent or latent defect — Fault or deficiency in a thing, no matter the use made of such, which is not easily discoverable and which is fixed in the object itself and not from without. See also latent defect strict liability …   Black's law dictionary

  • defect — de·fect / dē ˌfekt, di fekt/ n: something or a lack of something that results in incompleteness, inadequacy, or imperfection: as a: a flaw in something (as a product) esp. that creates an unreasonable risk of harm in its normal use see also… …   Law dictionary

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