Thrift McLemore represents clients in a variety of real estate matters, including issues arising from latent defects.

A latent defect in a property is an issue that could not reasonably be determined during a pre-sale purchase of the property. Latent defects are not the sort of problems you can see. In contrast, a patent defect is one that the seller does not disclose but should have been identified during the pre-sale inspection.

A buyer can seek damages for latent defects if the seller knew about them but did not disclose them.

Our attorneys represent both buyers and sellers in latent defect lawsuits. Our background in real estate and construction law provides us with the insights needed to serve the best interests of our clients.

A successful latent defect claim requires the buyer to prove two key points: that the defect was latent and that the seller was aware of the issue but did not disclose it.

Types of Latent Defects

While older properties are more likely to have latent defects, even new construction can hide issues that the buyer should be made aware of before the closing. This damage is most likely to be hidden by walls. Common latent defects include mold, leaking pipes, electrical problems, hidden flood damage, and foundational and structural issues.