Terminology Tuesday: Patent Defect

A cracked window, a broken railing, a damaged floor tile—some problems with a home are there to be seen. In real estate, these are examples of a patent defect: a flaw that is visible or discoverable through a reasonable inspection.

Unlike a [latent defect], which is hidden and would not reasonably be discovered during an inspection, a patent defect gives a buyer an opportunity to identify the problem before purchasing.

The distinction is about discoverability, not severity. A patent defect can be more than cosmetic, and overlooking a problem doesn’t automatically make it a latent defect.

Why does this matter? In Ontario, the principle of caveat emptor—“buyer beware”—generally places responsibility on buyers to inspect the property. Sellers cannot deliberately conceal them or misrepresent the property’s condition, but sellers generally aren’t required to actively point out patent defects, 

For buyers, that means looking beyond the attractive décor. Ask questions, investigate visible signs of damage, and consider a professional home inspection. A defect might affect your offer, lead to a negotiated repair, or help you decide whether the property is right for you.

A visible problem doesn’t necessarily mean you should walk away—but it does mean you should understand what you’re buying.