Patent defect
A problem obvious from a normal walk-through, like a cracked window or missing tile. Buyers are expected to see them.
Every term like this one lights up in the step you're on.
Free to set up. No credit card.Part 1 of 4
Why a seller cares
A patent defect is visible to anyone walking through, and the law generally expects the buyer to see it. It still shows up on the inspection report, and buyers still ask about it.
Part 2 of 4
A simple example
A cracked window in the dining room and a missing closet door. Both are obvious on the first showing and both are on the inspection report.
| The defect | Where the duty sits |
|---|---|
| A cracked window anyone can see | The buyer; they saw it and offered anyway |
| A slow leak under the sink you know about | The seller; that is latent, not patent |
| A cracked window the buyer asks you to fix | A negotiation, not a disclosure question |
Obvious things are the buyer's to notice. Hidden things are the seller's to say.
Part 3 of 4
What people get wrong
That obvious means it need not be mentioned at all. It need not be disclosed, but a buyer can still ask for it in the repair request.
Part 4 of 4 · where to read next
Where it appears in the sale
What a definition is, and what it isn't
Keighbor is a software company, not a law firm, brokerage, or tax adviser. This is general information, not legal, tax, financial, or real estate advice about your sale. Your situation may differ. Before acting on a contract, disclosure, title, tax, or pricing question, ask an appropriately licensed professional in your state.
Written and researched by Keighbor Research · drawn from the reference glossary · how we research and check what we publish
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