Beyond the granite countertops and hardwood floorboards, a home
may harbour defects - some negligible, others serious. Under
Ontario law, sellers are obligated to disclose certain defects
while simultaneously within their right to remain silent on others.
Our post this week looks at two major categories of defects and
some reasonable steps that homebuyers can take to discover the kind
of property they may actually be buying into.
Defects - Patent vs Latent
Patent defects are visible. Some are obvious -
such as ceiling blotches originating from a roof leak. Or they may
be discovered upon closer inspection - as in the case of hairline
fissures between a basement floor and foundation wall. Since patent
defects are detectible, a seller has no obligation to point them
out. Cautious buyers must do their part, keeping eyes open and
asking probing questions.
