Does a vendor have to point out a patent defect to a purchaser?
Ontario, Canada
The following excerpt is from Brown v Cassidy, 2016 ONSC 5446 (CanLII):
The law distinguishes between latent and patent defects. A patent defect is one that would be apparent to a purchaser without further inquiry or inspection. A purchaser does not need the vendor to point out a patent defect because it is plain to the senses. A purchaser is expected to protect himself from patent defects by ordinary inspection or inquiry: Cardwell v. Perthen, [2006] BCSC 333 at para 122. A purchaser can also protect himself by including contractual warranties that survive closing.
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