What is the test for disclosing a latent defect in a property?
British Columbia, Canada
The following excerpt is from Allnutt et al v. Dack, 2019 BCCRT 833 (CanLII):
18. There is a distinction between patent and latent defects in this context. A patent defect can be discovered by conducting a reasonable inspection and making reasonable enquires about a property (see Cardwell v. Perthen, 2006 BCSC 333, affirmed 2007 BCCS 313). A latent material defect is a material defect that cannot be discerned though a reasonable inspection of the property, including a defect that renders the property dangerous or potentially dangerous to the occupants, or unfit for habitation. A seller must disclose a latent defect if they have knowledge of it.
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