What is the test for determining patent defects in a commercial property?
British Columbia, Canada
The following excerpt is from Harrison v. Scheelar, 2019 BCCRT 97 (CanLII):
24. In general, there is a significant onus on the purchaser to inspect and discover patent defects. This means that a defect which might not be readily apparent on a casual inspection can nevertheless be “patent” if it would have been discovered on a reasonable inspection by a qualified person. In some cases, a purchaser is expected to retain the appropriate expert to inspect the property (such as an electrician or a carpenter). See for example Eberts v. Aitchison, 2000 BCSC 1103.
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