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Patent Defect

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ProfessionalContracts, Legal & TitleBuying

Definition

A patent defect is an obvious problem visible during casual inspection—like broken windows or peeling paint. These can't typically be grounds for post-closing claims.

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About this term

Patent defects are obvious problems that a reasonable buyer should notice, even without professional inspection. These visible issues cannot typically be the basis for post-closing claims because the buyer had the opportunity to observe them. However, sellers may still be required to disclose patent defects in the property disclosure, and the presence of patent defects may indicate more serious hidden problems warranting professional inspection.

Pro Tip

Don't overlook patent defects. They may indicate more serious problems.

Example

Patent defects like broken windows and peeling paint were visible to the buyer.

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