Latent defects are not the same as visible defects
BCFSA describes a material latent defect as a defect that cannot be discerned through a reasonable inspection and meets specified materiality criteria. Its current consumer guide explains disclosure obligations.
A patent defect that a reasonable inspection would reveal can raise different issues.
Seller and licensee disclosure duties are not identical
BCFSA’s 2025 updated guidance states that sellers have a common-law duty to disclose latent defects in applicable circumstances, while licensed real-estate professionals have broader regulatory duties concerning known material latent defects.
Do not assume that a Property Disclosure Statement is the only source of potential representations or duties. Listings, emails, renovations, permits and direct statements may also matter.
Misrepresentation focuses on what was said or represented
A claim may involve an allegedly false statement about water ingress, permits, renovations, property boundaries, rental use, contamination or other facts. The legal elements and remedies depend on whether the representation was fraudulent, negligent or innocent and whether it induced the transaction.
Keep screenshots, listing materials, disclosure forms, inspection reports and messages exactly as received.
Get the defect documented before repairs erase the evidence
Urgent repairs may be necessary to prevent further damage, but photograph and document conditions first where safely possible. Obtain qualified reports explaining what failed, likely duration, signs of prior repair or concealment, and estimated remediation cost.
Give potentially responsible parties appropriate notice before destructive investigation where legal advice recommends it.
Questions people often ask
Does an inspection defeat every defect claim?
No. The issue can include what a reasonable inspection could reveal, what was represented and whether a known latent defect required disclosure.
Is every undisclosed defect actionable?
No. Materiality, knowledge, visibility, contractual terms and causation all matter.
Should I repair immediately?
Address safety and mitigation, but preserve evidence before conditions are changed where possible.