What is a latent defect in a property and what is a patent defect?

54. A latent defect is one which cannot be readily discovered through a reasonable inspection of the property, including a defect that renders the property dangerous or unfit for habitation. In contrast, a “patent” defect is one that can be discovered by conducting a reasonable inspection and making reasonable enquiries about the property: Cardwell v. Perthen, 2006 BCSC 333, aff'd 2007 BCCA 313.

55. A seller has no duty to disclose patent defects to purchasers, although they must not actively conceal them: Cardwell; Rogalinski v. Scorey, 2011 BCSC 1050.

56. 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. See for example Eberts v. Aitchison, 2000 BCSC 1103.