Understanding Latent vs Patent Defects in Real Estate Litigation
When dealing with real estate transactions in Fort Lauderdale, FL, and Broward County, it’s crucial to understand the different types of defects that can affect a property. These defects are generally categorized as either latent or patent. In this guide, we aim to delve into these distinctions, their implications in real estate litigation, and how a Fort Lauderdale litigation lawyer can assist you.
What Are Latent Defects?
Latent defects are hidden flaws in a property that are not easily discoverable during a standard inspection. They often become apparent only after the purchase has been completed or after a certain period. Examples include:
- Structural weaknesses
- Subsurface issues like unstable soil
- Mold behind walls
- Plumbing issues within the walls or under the foundation
Relevant Laws on Latent Defects
In Florida, sellers have a duty to disclose all known latent defects. Florida Statutes Section 689.25 requires sellers to notify buyers of any known defects that materially affect the value of the property and are not readily observable
More information: Florida Statutes Section 689.25.
Understanding Patent Defects
Patent defects are readily visible or discoverable upon standard property inspections. These are typically noted during the buyer’s due diligence period. Examples of patent defects include:
- Cracked walls or ceilings
- Broken windows or doors
- Faulty wiring
Legal Expectations For Patent Defects
With patent defects, there’s a legal expectation that the buyer will identify and address these during their property inspection. Typically, if a patent defect is present and the buyer fails to note it, the burden may fall on the buyer after the sale is finalized.
How Latent and Patent Defects Impact Litigation
Common Litigation Scenarios
- Non-disclosure lawsuits
- Fraudulent misrepresentation
- Breach of contract
Resolving Disputes
Resolving real estate disputes related to latent and patent defects often requires thorough investigation, expert testimonies, and strong representation. Each case is unique, requiring a nuanced approach tailored to the specific circumstances involved.
Steps to Take if You Discover a Defect
If you discover a defect, consider the following steps to protect your interests:
- Document the defect with photographs and written descriptions.
- Notify the seller or the seller’s agent in writing immediately.
- Consult with a real estate attorney to evaluate your legal options.
- Hire a professional inspector to verify and detail the defect.
Why Partner with a Fort Lauderdale Litigation Lawyer
Resolving disputes involving latent and patent defects can be intricate and time-consuming. With specialized knowledge of Florida real estate law, a Fort Lauderdale litigation lawyer like Joseph Hughes can offer valuable legal support. By partnering with a trusted legal professional, you can navigate through the complexities of your case with confidence.
Local Resources
| Resource | Contact Information |
|---|---|
| Broward County Consumer Protection | Visit Website |
| Florida Department of Business & Professional Regulation | Visit Website |
| Fort Lauderdale Building Department | Visit Website |
FAQs
| Question | Answer |
|---|---|
| What is the difference between latent and patent defects? | Latent defects are hidden and not readily discoverable by reasonable inspection, while patent defects are visible and can be discovered during a standard property inspection. |
| Can I sue for a latent defect discovered after purchase? | Yes, if the seller knew about the latent defect and failed to disclose it, you may have a case for misrepresentation or non-disclosure. |
| Who is responsible for fixing a patent defect? | The buyer is typically responsible for patent defects noted or discoverable during the property inspection unless otherwise negotiated in the sales contract. |
| How do I prove a latent defect? | Documentation, professional inspections, and expert testimony can help substantiate the existence and impact of a latent defect. |
About Joseph Hughes Real Estate Law
Located at 1141 SE 2nd Ave, Fort Lauderdale, FL 33316, (954) 256-5125, Hughes Law is committed to providing exceptional legal services in real estate litigation. For more information, visit Joseph Hughes Real Estate Law.