What is a hidden defect?
Hidden defect is a problem with a purchase that would not be obvious with a detailed and adequate inspection at the time of sale. The buyer may have legal reasons for claim against the seller and ask for a return, replacement or repair depending on the nature of the problem. For example, if the name of the property has a defect, the buyer may be able to cancel the agreement, while poor house construction may be a reason for repairing the supplier who has done the work. Depending on regional laws, knowledge of the seller's problem may be relevant. For example, someone would drive a car before buying and looked at the engine, body and chassis for obvious problems. Part of the purchase process is also usually a request mechanic to check the car. If these measures do not reveal any shortcomings or they do, but Aznova addressed in the contract, the buyer assumes that there are no other problems.
When defects arise that were clearlypresent at the time of purchase, are considered hidden or latent. For example, a problem deep inside the car engine would not be identifiable without distributing the engine, which is not part of a reasonable evaluation of the car offered for sale. In this situation, the buyer could contact the seller to ask for a return of the purchase or ask for a vehicle that has no defects. Sellers can also offer repairs; For example, a new car dealer can replace the engine for hidden defects.
In some locations, the seller must be aware of hidden defects for the buyer to be entitled. If someone sells a house fully aware of the fact that there are problems with buried electric lines, it is probably the distortion of the house and the buyer could claim damages. Sellers who are not aware of a hidden defect may not be responsible for it in other jurisdictions, according to the argument that it is not reasonable to force people to be responsible for something thatThey didn't know.
options for hidden defects can vary. Sellers may be willing to solve the problem privately after the buyer explains the situation. In other cases, it may be necessary to realize the matter in court to claim damages, in which case the buyer may want to consider court costs against the probability that they will receive a judgment in their favor.