Kelowna Real Estate Market News

Latent Defects / Patent Defects & Stigma- What are they?

Buyers are now more likely to sue post-closing if they feel that have “lost” money through non-disclosure of latent defects.


Stigma – is a negative perception of a property for reasons unrelated to the appearance or function of the property (ie; a ghost – does NOT need to be disclosed) – Caveat Emptor Applies (Buyer Beware).


Patent Defect is an obvious flaw, that would be discovered by a superficial inspection of the property by an ordinary purchaser, for example, a hole in the wall, or a crack on the side of the home. (This does NOT need to be disclosed) – Caveat Emptor Applies.


Latent Defects – one that is NOT discoverable by a potential buyer through reasonable inspection or inquiries and must be material in that the property is rendered dangerous or uninhabitable (BUYER REQUIRED TO DISCLOSE)


Material Latent Defects – are defects required to be disclosed by the LICENSEE under their Real Estate Rules.



My thanks go to Peter Borszcz of Phil Law in Kelowna for this timely reminder today!


Kind Regards


Trish Cenci


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