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Latent Defect Examples

By
Real Estate Broker/Owner with HomeRome Realty 410-530-2400 311291

The definition of a latent defect is one not discoverable by reasonable or customary inspection.

Under Maryland law, a "latent defect" is an issue with the property that the seller knows about that: Is not visible; A buyer or home inspector could not reasonably be expected to uncover before the purchase is made; and. Could endanger the health or welfare of occupants or visitors to the property."

Some examples would be things the seller knows but hides from the buyer. A buyer would not easily see these latent defects. Here are a few examples:

-Wet basement after a heavy storm

-Standing water on the property after a rain

-Leaking roof

-Previous termite damage

-Asbestos that has been hidden

-Structural issues

-Heating and Air Conditioning issues 

-Mold, water damage, or leaks

-Plumbing or piping problems

-Electrical issues

-HVAC design flaws

NOTE: Watch for red flags in a home that someone can never show during or within a short time of a rain storm.

Always, and before settlement, see the house during the rain. Have a question about a latent defect or

thinking of selling your home

Call Margaret Rome

 

 

Posted by

Margaret Rome
HomeRome Realty
Broker/Owner/Realtor®

Baltimore, Maryland


Sell Your Home With Margaret Rome

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Roy Kelley
Retired - Gaithersburg, MD

This is very good information to share with prospective home sellers. 

Have a great day!

Oct 18, 2022 02:56 AM
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Hello Margaret - "evidence" matters.  Once again.   

Oct 18, 2022 04:43 AM
Margaret Rome Baltimore 410-530-2400

Evidence does matter, Michael Jacobs !

Oct 18, 2022 03:29 PM
Richard Weeks
Dallas, TX
REALTOR®, Broker
Great information, thanks for sharing.  I hope you have a great day.
Oct 18, 2022 05:08 AM
Grant Schneider
Performance Development Strategies - Armonk, NY
Your Coach Helping You Create Successful Outcomes

Good morning Margaret - that is excellent advice and in addition find a very highly qualified home inspector.

Oct 18, 2022 05:30 AM
Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

I always thought one of the best times to view the inside of a home was in the pouring rain or right after it. These are perfect examples of latent defects!

Oct 18, 2022 05:35 AM
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Good morning Margaret,

Excellent advice. An inspection doesn't always uncover a latent defect. You have managed to point out some excellent latent defects and why as a buyers agent you know more than the buyers and must be diligent in representing them.

Oct 18, 2022 05:40 AM
Margaret Rome Baltimore 410-530-2400

So true, Dorie Dillard Austin TX, Some Latent defects cannot be found on routine home inspections. 

Oct 19, 2022 06:26 PM
Norma J. Elkins
Elite Realty Group - Morristown, TN
Realtor - Elkins Home Selling Team

Excellent blog that most folks don't consider when buying.  Thanks for sharing and have a fabulous day!

Oct 18, 2022 05:55 AM
Margaret Rome Baltimore 410-530-2400

Good to see you Norma J. Elkins 

Oct 19, 2022 06:26 PM
Bill Salvatore - East Valley
Arizona Elite Properties - Chandler, AZ
Realtor - 602-999-0952 / em: golfArizona@cox.net

We just had our sellers home inspection done. Home built in 2018, wondering what the builder missed or did wrong. thanks for posting and have a wonderful Tuesday. Bill 

Oct 18, 2022 06:03 AM
Nick Vandekar, 610-203-4543
Realty ONE Group Advocates 484-237-2055 - Downingtown, PA
Selling the Main Line & Chester County

Home inspectors today do not really look beyond the surface, so it is imperative that sellers are honest and complete the seller disclosure honestly. As attorneys will always say, Disclose, Disclose, Disclose.  

Oct 18, 2022 07:34 AM
Ray Henson
eXp Realty of California, Inc. (lic. #01878277) - Elk Grove, CA
Realtor

We just had a problem with our vinyl floor.  An inspector came out and said that it was an installation problem and a manufacturing problem, but when we removed the floor, it turned out to be a big water problem.  We had to change plans to a whole new floor system.  Thank goodness we figured it out before we sold the house.

Oct 18, 2022 08:32 AM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Margaret so what happens if there is a latent defect the Seller fails to disclose?

Oct 18, 2022 04:16 PM
Margaret Rome Baltimore 410-530-2400

George Souto, If the agent knows about the latent defect, they disclose it.

Oct 18, 2022 08:14 PM
Kathy Streib
Cypress, TX
Home Stager/Redesign

Margaret- excellent advice. When I viewed one of our absolute favorite homes, it was pouring down rain.  And as it was a few blocks from a busy freeway and RR tracks and we knew we'd be spending a lot of time outdoors by the pool, we made a point to stand on the property at peak times to see what we heard. 

We bought the home and loved it. 

Oct 19, 2022 11:24 AM
Margaret Rome Baltimore 410-530-2400
HomeRome Realty 410-530-2400 - Pikesville, MD
Sell Your Home With Margaret Rome

You were a well-informed buyer, Kathy Streib 

Oct 19, 2022 06:28 PM