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Latent defects

What are latent defects?

According to South African common law, a latent defect in any good sold is a defect not visible upon reasonable inspection by an ordinary buyer. This defect must also exist at the time of the sale and should be distinguished from a patent defect, which is a defect discoverable by a reasonable inspection by an ordinary buyer.

The following are examples of latent defects which a seller should bring to the attention of the Estate Agent and the potential buyer:


•   Leaks in a flat roof house
•   Geysers not working
•   Faulty plugs
•   Cracks in swimming pool
•   Pool pumps not working
•   Stove not working
•   Wall cracks
•   Taps not working / leaking Cracked toilets and hand basins