What are the definitions of latent defects and what are the consequences if a vendor fails to disclose or conceal a latent defect?

British Columbia, Canada


The following excerpt is from Neilson v. Lam, 2010 BCSC 1702 (CanLII):

Latent defects are those not discoverable by observation and reasonable inquiry, while patent defects are those that can be discovered by conducting a reasonable inspection and making reasonable inquiries about the property. These definitions were articulated by Ballance J. in Cardwell v. Perthen, 2006 BCSC 333, 41 R.P.R. (4th) 118 aff’d 2007 BCCA 313. In discussing latent defects, Ballance J. stated at para. 127 that: A vendor who is aware of and fails to disclose and/or conceals or makes non-innocent misrepresentations with regard to a latent defect may well become liable to the purchaser for damages suffered as a result of that latent defect.

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