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Real estate glossaryNational exam concept

Patent defect

A patent defect is a property defect that is open, observable, or discoverable through the reasonable level of observation or inspection described in the transaction.

Exam area: Property Disclosures

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What does “patent defect” mean in real estate?

A patent defect is a property defect that is open, observable, or discoverable through the reasonable level of observation or inspection described in the transaction.

How is “patent defect” different from the closest wrong answer?

Patent concerns discoverability. Latent means hidden. Either type may be material or immaterial depending on significance.

What is the Georgia-specific rule?

The classification does not automatically eliminate every disclosure duty, representation issue, or contract obligation. Georgia questions still require analysis of actual knowledge and statements made.

Worked exam example

Scenario

A large foundation crack is plainly visible in an unfinished basement during the buyer's inspection.

What is the most common exam trap?

Trap correction

Visible to an expert with special equipment is not always the same as patent to an ordinary buyer in the stem.

Original exam check

Apply the definition

On a walkthrough, the buyer sees a wide crack running across the bare concrete wall of an unfinished basement. The seller also knows about spliced wiring hidden behind finished drywall. Which classification is correct?

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Related terms to learn next

Latent defect

A latent defect is a property defect that is hidden or not readily discoverable through a reasonable ordinary observation or inspection of the type described in the question.

Material defect

A material defect is a problem with the property or its improvements that would significantly affect value, safety, intended use, or a reasonable buyer's decision.

Adverse material fact

An adverse material fact is significant information that is unfavorable to a party's interests, such as an actually known condition materially affecting the physical condition of the property or its immediate neighborhood, as described by Georgia law.

Due-diligence period

A due-diligence period is a negotiated contract window during which a buyer may investigate the property and exercise the termination rights stated in the agreement, often for any reason when the contract grants that broad right.

Recommended next complete lesson

Continue with Property Disclosures complete lesson. It places this term inside the full rule, worked examples, exam traps, and mixed practice required for mastery.
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