A hidden defect is a problem with a purchase that is not apparent upon reasonable inspection at the time of sale. The buyer may have legal grounds for a claim against the seller for a refund, replacement, or repair, depending on the nature of the problem. The seller’s knowledge of the problem may be relevant to the case, and the buyer has an obligation to inspect the purchase. If defects arise, they are considered hidden or latent, and the buyer can request a refund, replacement, or repair. The seller may be liable for the defect if they were aware of it. The buyer’s options for dealing with a hidden flaw vary, and court costs should be weighed against the likelihood of obtaining a judgment in their favor.
A hidden defect is a problem with a purchase that would not have been apparent upon reasonable detailed inspection at the time of sale. The buyer may have legal grounds for a claim against the seller, requesting a refund, replacement or repair, depending on the nature of the problem. For example, if a property’s title has a hidden defect, the buyer may be able to cancel the deal, while poor construction on the home may be grounds for repairs by the contractor who performed the work. Depending on regional laws, the seller’s knowledge of the problem may be relevant to the case.
Legally, a person making a purchase has an obligation to inspect it, taking all reasonable steps to check for defects. For example, someone would drive a car before buying it and check the engine, body and undercarriage for obvious problems. Having a mechanic inspect a car is also commonly part of the buying process. If these precautions do not detect defects or they do but are resolved in the contract, the buyer assumes that there are no other problems.
When defects clearly present at the time of purchase arise, they are considered hidden or latent. A problem within the car’s engine, for example, would not be identifiable without disassembling the engine, which is not part of a reasonable assessment of a car being offered for sale. The buyer in this situation could contact the seller to request a refund on the purchase or to request a replacement with a vehicle that does not present defects. Vendors may also offer repairs; a new car dealer, for example, might replace an engine to fix a hidden defect.
In some locations, the seller must be aware of the hidden defect in order for the buyer to make a claim. If someone is selling a home fully aware that there are problems with buried power lines, for example, this is likely a misrepresentation of the home and the buyer would be able to seek damages. Sellers who are unaware of a hidden defect may not be held liable for it in other jurisdictions, arguing that it is unreasonable to force people to be liable for something they were unaware of.
Your options for dealing with a hidden flaw vary. Sellers may be willing to resolve the issue privately after the buyer explains the situation. In other cases, it may be necessary to pursue the matter in court to seek damages, in which case buyers may wish to weigh the court costs against the likelihood of obtaining a judgment in their favor.
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