Contracts

What is a 'patent defect' in a Delaware real estate transaction?

AA defect protected by patent law
BA defect that is obvious and discoverable through a reasonable inspection✓ Correct
CA defect first discovered after the patent for the construction method was filed
DA defect caused by a patent (government-registered) design flaw

Explanation

A patent defect is one that is obvious and discoverable through a reasonable inspection. Buyers are expected to discover patent defects through their own inspection, and sellers are not typically liable for failing to disclose obvious defects.

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