What is the difference between a prior flooding incident and a latent defect?
Alberta, Canada
The following excerpt is from Shindruk v. Stewart, 2015 ABPC 279 (CanLII):
A prior flooding incident which has been cleaned up is “not visible”. Thus, the issue is whether the defect is patent or latent. The differences between latent and patent defects are such that “patent defects are such as are discoverable by inspection and ordinary vigilance on the part of a purchaser and latent defects are such as would not be revealed by any inquiry which a purchaser is in a position to make before entering into the contract for purchase.” [paragraph 56 of Belzil v. Bain 2001 ABQB 890 (CanLII)].
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