Agency
What is 'material latent defect' in Oregon real estate and how does it differ from a 'patent defect'?
ABoth require the same level of disclosure
BA material latent defect is a significant hidden defect not discoverable by reasonable inspection that must be disclosed; a patent defect is visible and discoverable without special expertise✓ Correct
CLatent defects only require disclosure in commercial transactions
DPatent defects are never material; latent defects always are
Explanation
A latent defect is hidden — not discoverable by ordinary inspection (e.g., a defective drainage system under the foundation, hidden mold in walls). It must be disclosed by the seller if known. A patent defect is observable and discoverable through a reasonable inspection (peeling paint, a leaky roof visible in the attic). Both types should be disclosed if known to the seller; patent defects are more likely discoverable by buyer's due diligence.
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