UAE Law Proceedings On Latent Defects

When discovering an undisclosed defect on a property, after the sales contract has been signed, it is crucial to determine whether the defect is patent or latent.

A patent defect is an apparent flaw within the property, it can be disclosed easily by any prospective buyer such as a hole in a wall or damp walls. The prospective buyer can then bargain with the seller to repair the flaws or, alternatively reduce the property's price.

However, as defined by Article 544 of the UAE Civil Code: '' (4) A latent defect is one which cannot be observed by an external inspection of the goods, or which would not be apparent to the ordinary man, or which could not be discovered by any person other than an expert or which would only be apparent upon testing''.