When you purchase real estate, you expect any material defects in the property to be disclosed at the time of sale according to Florida state law. If a defect is not disclosed, this is called a hidden or latent defect. Here’s what to know about latent defects in real estate and what to do if you purchase property in Fort Lauderdale and there’s something wrong with it.

Latent Defects Defined

Latent defects are defined as flaws in a recently sold property that are not readily apparent to a prospective buyer after a thorough inspection and reasonable care. These defects might include problems like poor electrical wiring buried behind the drywall or a hidden termite infestation.

In Florida, a buyer has the right to see the property they are purchasing and to have a professional inspection conducted prior to purchasing the property. Even so, a material defect may be missed even by a professional home inspector and some latent defects are completely unnoticeable until the purchaser begins to use or live in the property.

Why Are Latent Defects & Hidden Damages So Problematic For Buyers?

Hidden damage or latent defects can be problematic for property buyers because even the most thorough home inspections can miss these critical issues. Typically, these defects are only revealed by the buyer after the sale has closed and they possess the property.

If the property seller was likewise unaware of the hidden defect when the property was sold, the seller may not be held liable for the cost of repair or damages caused by these defects. However, in cases where  a seller is aware of any property defects, latent or otherwise, they have an obligation to inform the buyer of all known defects. If the issue was or should have been known to the property seller, the buyer may have a case against the seller for the cost of repairing the defect along with any damages resulting from the latent defect.

Contact a Fort Lauderdale Real Estate Litigation Attorney Today

Determining whether or not a particular defect can be considered latent or if the seller can be held responsible for damages caused by the defect is largely determined by the unique circumstances in each case. This is why it’s critical to work with a qualified real estate litigation attorney, whether you’re the buyer, seller, or a real estate broker or agent. Call Fort Lauderdale real estate attorney Joseph Hughes at (954) 256-5125.