What is the test for determining whether a latent defect in a property is patent or latent?

British Columbia, Canada


The following excerpt is from Sahamis v. Lenz, 2014 BCSC 2305 (CanLII):

The first focus in applying the law relating to the purchase and sale of real property is whether the condition of the property should be classified as a patent or latent defect. The distinction turns on whether the defect should be judged as one that should have been discovered by a purchaser conducting a reasonable inspection and making reasonable inquiries. If the defect is ‘patent’, the vendor has no obligation to disclose or direct the purchaser’s attention to the particular problem or defect: Cardwell v. Perthen, 2006 BCSC 333 [Cardwell] at para 122.

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