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latent defects

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latent defects
Real property defects not discoverable by reasonable and customary inspection. If known to the seller, or to the real estate broker representing the seller, then each of them has an obligation to reveal such defects to a prospective purchaser.


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One key area of the guidance note is the detailed information regarding the growing market for latent defects insurance, which covers inherent defects to the building for a period of time which may occur from the initial construction.
However, despite the fact that the latent defects in Progressive arose from work undertaken by subcontractors prior to the completion of the project, coverage to Progressive was nonetheless denied.
As latent defects cannot be discovered by observation, caveat emptor will only apply when their existence was unknown to the vendor at the time of sale.
 
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