Latent defects information please (recommendation, agents, construction, states)

[Glad2BHere]

Can something you fix (but can return) be considered a latent defect?

[chet everett]

In my recollection of "real estate law for agents" the difference between a "patent" defect and "latent" defect is that for it to "patent" the defect ITSELF has to be VISIBLE / detectable through normal means while "latent" only become apparent as time goes by and it the EFFECT of something not having been properly becomes the explanation ...

Typically the "clock" for remedying patent defects in new construction is DIFFERENT than that for latent defects in states that have laws protecting buyers of new homes.

The ability to have some thing fixed / returned does not enter into the definition, but it might have an impact on the potential to bring a suit against the builder...

[escanlan]

Originally Posted by Glad2BHere

Can something you fix (but can return) be considered a latent defect?

Any issue can recur and any new issue can occur. If you have properly repaired an item then it can not be considered a latent defect. A proper repair though might be a replacement of the system rather than replacement of a part. The best course of action if you are a seller is to hire a professional trades person to assess and provide a recommended corrective action, and then follow it. Make sure you receive an estimate on paper for repairs with their recommendation. At that point any intelligent person can only expect you followed a professional trades persons advice for repairs. Keep in mind that anyone can complain/sue/chase you for anything they want. All you can do is all that is possible to properly repair the issue.

If you provide specifics then possibly a professional trades person in that field can provide more information for you.

I sent you a PM.